2 Les NU et les droits de l’hommeTo open the video insert, click slide show!The video insert finishes with the question: “So How does the UN respond to the legitimate expectation of the rights-holders?”To respond to that question, it will be important and relevant for us to look briefly to the:Political history of human rights in the UNThe substantial linkages with other major UN prioritiesThe institutional developments within the UN itself

4 Agenda de réforme des NUCharte des NUDUDHGuerre froideDéveloppementDroits de l’hommePaix & SécuritéAction humanitaireCopenhagueLe CaireAgenda de réforme des NUViennePékinThe linkages between peace and security, development and human rights are not new; indeed they lay at the heart of the United Nations. Article 1 of the UN Charter describes the purposes and principles of the organisation as follows:The Purposes of the United Nations are:To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace:To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;To achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without discrimination as to race, sex, language or religion; andTo be a centre for harmonising the actions of nations in the attainment of these common ends.Despite this forward-looking vision of the UN operating in a harmonised way, historical realities trumped this vision by creating a maze in which political preferences led the way of creating parallel policy and program tracks that seldom met. Only in the 1990s were things coming together again.UN Global Conferences (Copenhagen, Vienna, Beijing, Cairo etc.) started to emphasize linkages between human development and human rights; and stressed in particular that women’s human rights are (central to) human rights. Following these important Global Conferences, it was UN Secretary-General Kofi Annan, who took the developments to a next level when he announced his UN Reform Agenda in 1997.1997/2005

5 Etapes importantes dans la réforme des NUConférence mondiale des NU sur les droits de l’homme, VienneCréation du poste de Haut Commissaire des NU pour les droits de l‘homme (GA Res. 48/141)1997 Programme de réforme du SG –les droits de l’homme sont inhérents à la promotion de la paix, de la sécurité, de la prospérité économique et de l’équité sociale2000 Sommet / déclaration du millénaire2002 Programme du SG pour le changement – les droits de l’homme sont une exigence fondamentale pour le développement2005 Rapport du SG sur la réforme “Dans une liberté plus grande”Actes du sommet mondial – soutenir l’intégration des droits de l’homme à travers le système des NUSystème HLPR -une grande cohérenceThe World Conference on Human Rights took place from June 1993, in Vienna Austria. Several important messages were provided there, among which the reaffirmation of human rights as a priority objective of the UN; the attention to human rights as a legitimate concern of the international community, the acknowledgement that all human rights are universal, indivisible and interdependent and interrelated, and that “while development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the abridgement of internationally recognised human rights”. Another critical outcome of Vienna was of course the decision to call upon the General Assembly to consider the establishment of a “High Commissioner for Human Rights”. The next GA session subsequently decided to do so, and Mr. Jose Ayala Lasso (Ecuador) was appointed as the first ever High Commissioner for Human Rights. (Others have been Mary Robinson, Sergio Vieira de Mello, and presently Louise Arbour)In 1997 the SG presented his plans for the UN Reform in his report to the GA (Renewing the UN : A Programme for Reform). The report reaffirmed that HRs are vital to all the goals set out in the UN Charter and that at heart of the UN reform and called to mainstream HRs in all the activities of the UN.In 2000 Millennium Summit/ Millennium DeclarationIn 2002 SG: Human rights are the bedrock requirement for the realization of development and a principal objective of the Organization. UN should strive to put in place and strengthen human rights national promotion and protection systems.In 2005 the SG stresses that development, peace and security and human rights go hand in hand and argues that HRs must be incorporated in to decision making and discussions throughout the work of the Organization.In 2005 World Summit Outcome Document. Support the further mainstreaming of human rights throughout the UN System2006:HLPR on System-wide Coherence “All UN Agencies and Programs must further support the development of policies, directives and guidelines to integrate human rights in all aspects of the UN’s work.Resident Coordinators and UNCT’s should be held accountable and be better equipped to support countries in their efforts to protect and promote human rights.Vienna Declaration and Program of Action:Article 4:The promotion and protection of all human rights and fundamental freedoms must be considered as a priority objective of the United nations in accordance with its purposes and principles, in particular the purpose of international cooperation. In the framework of these purposes and principles, the promotion and protection of all human rights is a legitimate concern of the international community. The organs and specialised agencies related to human rights should therefore further enhance the coordination of their activities based on the consistent and objective application of international human rights instruments.Article 5:All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical , cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.Article 10:……While development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the abridgement of internationally recognised human rights.Article 18:The human rights of women and the girl-child are an inalienable, integral and indivisible part of universal human rights. The full and equal participation of women in political, civil, economic, social and cultural life, at the national, regional and international levels, and the eradication of all forms of discrimination on grounds of sex are priority objectives of the international community.Part 2 of the VDPA;“The World Conference on Human Rights recommends to the General assembly that, in examining the report of the Conference at its 48th session, it begin, as a matter of priority, consideration of the question of the establishment of a High Commissioner for Human Rights for the promotion and protection of all human rights”

8 Liens entre…Intégration de l’aspect genre Evalue les implications de toute action planifiée pour les femmes et les hommes et fait des préocupations des femmes et des hommes une partie intégrante de toutes les phases du processus de programmation Le but ultime étant l’égalité entre les deux sexesEt des droits humains de la femme - Exigence légale de non discrimination - La CEDEF est l’un des traités internationaux fondamentaux des droits de l’homme - les droits humains de la femme sont au centre de l’application de l’ABDH - Le but ultime étant l’atteinte de l’égalité entre les deux sexes et la réalisation de tous les droits humains pour toutes les femmes et tous les hommes également.Gender MainstreamingThe 1997 ECOSOC definition of gender mainstreaming sets out the following principles for mainstreaming a gender perspective in the UN system:Issues across all areas of activity should be defined in such a manner that gender differences can be diagnosed - that is, an assumption of gender-neutrality should not be made.Responsibility for translating gender mainstreaming into practice is system-wide and rests at the highest levels. Accountability for outcomes needs to be monitored constantly.Gender mainstreaming also requires that every effort be made to broaden women's participation at all levels of decision-making. Gender mainstreaming must be institutionalized through concrete steps, mechanisms and processes in all parts of the United Nations system.In 2005, the Triennial Comprehensive Policy Review (TCPR) again called on the UN to: mainstream a gender perspective and to pursue gender equality in its country programmes, planning instruments and sector-wide programmes.Women’s Human RightsThe elimination of discrimination against women has a central place in international human rights law. Not only do all of the rights guaranteed under the seven core international human rights treaties apply equally to men and women, and boys and girls, but this point has also been carefully underlined by the two treaties that comprise the “international bill of human rights”. Both the Civil and Political Covenant and the Economic, Social and Cultural Covenant contain a special article, article 3, that requires States to “ensure the equal right of men and women” to enjoy the rights set out in those treaties.As well, one of the seven core international human rights treaties – CEDAW – is devoted exclusively to eliminating sex discrimination in order to achieve gender equality. CEDAW requires State parties to eliminate gender-based discrimination in order to achieve gender equality in all aspects of women’s lives. The Convention also details the specific actions that must be taken to combat discrimination in a wide range of areas, including education, employment, public and political life, legal relations, economic and social life, family relations, rural development, trafficking and prostitution. Gender equality was a major focus of discussion at the 1993 Vienna World Conference on Human Rights, and the importance of advancing women’s human rights was forcefully underscored in the Vienna Declaration and Programme of Action: “The human rights of women and of the girl child are an inalienable and indivisible part of human rights” (Part 1, para. 18). The Declaration and Programme of Action also spoke directly to the UN system on this point: “The equal status of women and the human rights of women should be integrated into the mainstream of United Nations system-wide activity. These issues should be regularly and systematically addressed throughout relevant United Nations bodies and mechanisms.” (Part II, para. 37).

9 Lines entre…Droit humanitaire S’applique dans les situations internationales et non internationales de conflit armé Vise à limiter les effets de la guerre sur les peuples et les objets…et droits de l’homme S’appliquent dans toutes les situations y compris les conflits armés Les deux visent la sauvegarde de la dignité humaine dans toutes les circonstancesInternational humanitarian law (also known as the law of war, or the law of armed conflict) and human rights are two separate branches of international law with a common purpose. The main purpose of both is to safeguard human dignity in all circumstances.International humanitarian law applies once a conflict has broken out and is equally binding on all the parties, no matter which one started the fighting. The key message of international humanitarian law is:Do not attack people who do not or no longer take part in hostilitiesDo not use weapons that make no distinction between combatants and civilians, or weapons and methods of warfare which cause unnecessary suffering and/or damages.Both States and Individuals must respect international humanitarian law. International humanitarian law must be respected by everyone, combatants and the population as a whole. The obligation to comply with international humanitarian law is such that non-compliance can, in some cases, render the individual liable under penal law, as many national and international courts have recognised.

10 Droits de l’homme et conflits armésLe conflit armé empêche la réalisation des droits de l’hommeLa non réalisation des droits de l’homme peut mener vers un conflit arméLes violations des droits de l’homme représentent souvent des manifestations d’émergence de conflit ou d’escaladeIl y a une relation de réciprocité entre les droits de l’homme et la prévention des conflits. Les violations des droits humains sont une cause profonde du conflit; et en sont aussi une conséquence commune .Rapport d’avancement du SG des NU sur la prévention des conflits armés (2006)Key message:Conflict prevention and human rights realization are strongly interconnected – but they are not the same thing.Summary of key contents:A distinction must be made between conflict per se and violent conflict. Conflicts, as power inequalities, are always-present features of human life and of human societies. Everyone experiences some form of conflict in their daily lives, and often these conflicts help to positively transform personal situations. Conflict is a natural part of human interaction and is necessary for social change. When societies lack effective instruments and mechanisms for constructive management of disputes, conflict might become violent and destructive.Violent conflict prevents the realization of human rights, both directly and indirectly:(i) Violent conflict results in direct violations of human rights (e.g. right to life, right to be free from inhuman and degrading treatments);(ii) Violent conflict indirectly prevents the realization of human rights – e.g. violent conflict has destructive effects on economies, and, therefore, prevents the realization of economic and social rightsNon realization of human rights is often among the root causes of violent conflict – for example, patterns of discrimination against minority groups are often the triggers for armed conflict and crisis. Similarly, the failure of the State to check corruption and ensure the welfare of its people can result in political upheaval and turmoil which again may lead to an escalation of human rights violations.Therefore, protection and promotion of human rights are essential components of any conflict prevention strategyHuman rights violations can be an indicator of conflict emergence or escalation of violent conflictFor example, in many situations, an increase of gender-based violence signals an increased “militarization” of society, hence an increased risk of violent conflict.Therefore, looking at human rights should be an integral part of early warning systems.However, human rights protection/promotion and conflict prevention are not the same thing:efforts to prevent the emergence of violent conflict in the short term can also have negative effects on the promotion and protection of human rights. For example, in immediate post-conflict settings, power-sharing agreements aimed at ending violence can “legitimize” conflict actors with a bad human rights record.Not all violations of human rights lead to violent conflict –weak, vulnerable groups of societies might not resort to violence even if their rights are violatedEvidence exists that totalitarian States, where civil freedoms are systematically repressed, tend to be less prone to violence compared to countries where some limited space of freedom exist. The concept of “negative peace” has been coined to indicate these situations in which there is no visible violence - but there is no just, sustainable peace, either. Conflict prevention and peace building should be understood as aiming at “positive peace”, which is fundamentally and indissolubly centered on the respect and promotion of human rights.

11 Relation réciproque entre les droits de l’homme et les OMDSimilarités:Objectifs communsLes deux fournissent des outils pour la redevabilitéRéalisation progressivePrincipes directeurs similairesL’égalité entre les sexes est intégrée dans les droits de l’homme et les OMDComplémentarités au niveau de la programmation:Pour chaque OMD, identification des droits humains interdépendants et les mesures à prendre pour réaliser ces droits dans le contexte nationalLes normes des droits de l’homme rehaussent la qualité des cibles numériques en matière d’OMDLes droits de l’homme améliorent la qualité du processus de réalisation des OMDLes droits de l’homme aident à réduire les disparités dans le développement humainHuman Rights and MDGs Operational relationshipThe previous slide shows the extent to which the MDGs and human rights have common qualities and complementarities. But the crucial operational question for intended support the CCA/UNDAF process is how to make sense of and utilize these two sources of policy guidance in the context of programming:- The MDGs are an operational framework for enhancing support to achieve globally agreed development goalsAs underlined in the Millennium Declaration, the realization of human rights is integral to achieving these development goals.- Human Rights and the MDGs should not be seen as requiring separate programming frameworks and processes.- Instead, within each the MDGs, it is important to identify the human rights that need to be realized, and the steps that need to be taken to realize those rights in national context.For example, it is important under MDG 3 to consider the guidance available from CEDAW. (Could add other examples regarding other goals too…)There are specific measures States are already obligated by CEDAW to take to advance gender equality in their countries that should be central reference points when identifying the steps could be taken to achieve MDG 3.For reference and handoutGoal 1 Eradicate extreme poverty and hunger Draft guidelines on a human rights approach to poverty reduction strategies ICESCR (article 11), GC 12, CRC (articles 24 para. 2 and 27 para. 3), CRC (article 27 para. 3)Goal 2 Achieve universal primary educationICESCR (articles 13 and 14, and GC 11), CRC (article 28 a and article 29 and GC 1), CERD (articles 5 and 7)Goal 3 Promote gender equality and empower womenCEDAW; ICESCR (articles 3 and 7 para. a (i));ICCPR (articles 3, 6 para. 5 and 23 para. 2); CRC (article 2); CERD (GC 25)Goal 4 Reduce child mortality CRC (articles 6 and 24 para. 2 a); ICESCR (article 12 para. 2 a, GC 14)Goal 5 Improve maternal health CEDAW (articles 10 h, 11 f, 12 para. 1, 14 b, and GC 24; CERD (article 5 e iv); ICESCR: GC 14; CRC (article 24 d)Goal 6 Combat HIV/AIDS, malaria and other diseases International guidelines on HIV/AIDS and human rights, ICESCR: GC 14; CRC (article 24 d),Goal 7 Ensure environmental sustainability Safe drinking water: ICESCR: General Comment 15 and GC 14, Slum dwellers: ICESCR:GC 4 and GC 7, CRC (article 24 c)Goal 8 Develop a global partnership for development Charter of the United Nations (article 1 para. 3), ICESCR (article 2), CRC (article 4)Human rights, gender equality and the Millennium Development Goals -The United Nations Conferences of the 1990s all affirmed gender equality, which culminated in the Millennium Summit that further reaffirmed it. The absolute necessity of advancing the human rights of all people in order to achieve this vision is underscored by the Millennium Declaration. In particular, the advancement of gender equality is recognized as critically necessary for development progress. The Declaration pledges explicitly “to combat all forms of violence against women and to implement the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)”. It further recognizes the importance of promoting gender equality and women’s empowerment as an effective pathway for eradicating poverty, hunger and disease and for stimulating sustainable development.Millennium Development Goal to promote gender equality- Out of the eight MDGs, the third Goal is to promote gender equality and empower women. However, it should be remembered that all the other Goals are also interrelated with human rights to be realized. Achievement of the Goal of gender equality is essential for the achievement of all other Goals. Thus, a gender analysis is an integral part of all planning and programmes designed to achieve each of the Goals. Analysing the gender dimension of each MDG and examining each Goal through a human rights lens reveals a number of complex issues and causes that are interrelated. This can be illustrated in relation to hunger and malnutrition and maternal and child health. In this context, it is important to recognize that unequal social conditions and exclusionary practices continue to deny women and girls equal access to food and health care, thus denying them their human rights.

12 Engagements des agences des NU envers les droits de l’hommeAu niveau de l’agence:Les droits de l’homme sont intégrés dans les mandats et les politiques des agences des NU, dans les fonds, les programmes et les agences spécialiséesAu niveau inter-agences:Compréhension commune des NU vis à vis de la HRBA pour le développementAction 2 du plan d’action (UNDG, ECHA et OHCHR)Nombre grandissant d’équipes de pays des NU a adopté la HRBADirectives révisées de Bilan commun de pays/UNDAFUN Agencies, funds and the UN system as a whole move to apply the HRBA to Development programmingUN agencies and programmes have been integrated human rights in all there activities and programmes since Some agencies are already updating their policies and programme guidelines to reflect the UN Common Understanding. UN Country Teams are increasingly using the HRBA in the preparation of the CCA and UNDAF, as well.Some UN agencies, Funds and Programmes such as UNDP, UNICEF, UNIFEM, UNFP, WHO and others provide good models of how to apply the HRBA beginning with the extent in which human rights standards and principles guide all their work.Additionally, UNICEF, UNIFEM and UNFPA work closely with international treaty bodies that monitor implementation of CEDAW and CRC, and other core human rights treaties. Some UN Agencies (FAO, UNESCO, IOM, Habitat, and WHO) work closely with thematic Special Rapporteurs of the Human Rights Council. Some Peace Keeping and Peace Building Operations work very closely with Geographic Special Rapporteurs, where those mandates exist.The integration of human rights in the policies and practices of UN agencies, Programmes and Specialized Agencies undertaken in recent years shows the convergence of human rights and development. Although some are at different stages and levels of integration, a majority are increasingly seeking to contribute to the promotion and protection of human rights through their work as well as perceiving human rights as a useful tool to implement their core mandates.Those organizations that have adopted specific human rights treaties as the normative basis for their work (such us UNICEF, UNIFEM and UNFPA) have begun applying a HRBA more extensively to their programming. This includes following closely the work of the Treaty Bodies and using increasingly their Concluding Observations and Recommendations as a guiding reference for programming.It is however important to underline that integrating human rights throughout a particular organization means more than having a unit or section or a project that deals with human rights — it means that an organization adopts human rights principles and standards as the basis for a conceptual and methodological framework for its work.Interagency commitmentsIn recent years, a number of UN agencies adopted a human rights-based approach (HRBA) to their development cooperation and gained significant experience in its application to a wide range of activities and programmes. For the most part, each agency tended to have its own interpretation of the approach and of how it should be implemented. In light of the considerable increase in UN interagency collaboration at global and regional levels, and especially at the country level in relation to the CCA and UNDAF processes, a common understanding of this approach was reached at an UNDG interagency workshop at Stamford (USA) in May Subsequently, The UN Statement of Common Understanding has been endorsed by UNDG and it has been included in the CCA/UNDAF guidelines. (For more information on the UN Statement of Common Understanding, see chapter 3): Action 2 Global Programme on Strengthening United Nations Support for the Promotion and Protection of Human Rights WorldwideThe “Action 2” Programme aims to strengthen human rights throughout the UN system. It’s a global programme designed to strengthen the capacity of UN country teams to support the efforts of Member States, at their request, in reinforcing their national human rights promotion and protection systems while achieving the Millennium Development Goals (MDGs). The Action 2 Programme ensures that the UN will be ready to respond to these challenges by enhancing the capacity of its country teams with practical tools, training, advice, knowledge sharing and seed funding for capacity building and pilot programming.Level of adoption of HRBA by UNCTsOne study introduced at the Stamford Workshop that reviewed 18 selected CCA/UNDAFs and Annual Reports of Resident Coordinators to identify how and to what extent UNCTs have applied a HRBA provides some useful insights. The study concluded that most UNCTs are increasingly incorporating aspects of a HRBA in their CCAs and UNDAFs. Most CCA/UNDAFs reviewed contained direct references to international human rights treaties, regional human rights conventions, the International Development Targets, and more recently the MDGs. However, in very few cases, they contained references to the findings, comments and recommendations of UN human rights treaty-bodies, Special Rapporteurs and Working Groups. This was regarded as a significant omission and a serious opportunity lost to incorporate human rights principles, measures and oversight into development planning.

13 Conclusion Valeur normative Environnement politique Liens importantsRéponse institutionnelleHuman Rights are at the foundation of the UN system and is one of its pillars. The UN system has an obligation to promote the national implementation of human rights.The UN political environment sanctions us to be pro-activeSubstantive linkages are undisputed, both in theory and practice. More rigour and evidence-based material is still needed thoughThe institutional response provides clear marching orders.

14 Systèmes internationaux, régionaux et nationaux des droits de l’hommeSession 2This session explains:1. The concepts of human rights and human rights obligations2. The international, regional and national human rights systems and their linkages.3. It further describes the international human right mechanisms (Treaty bodies and Special Procedures of the Human Rights Council) and explains how they function. It also underscores their added value for the work of the UNCTs and includes a few good practices.Action 2 :Apprendre ensemble les droits de l’homme

15 Qu’est-ce que sont les droits de l’homme?…des garanties juridiques, attentes sociales et morales universelles; ...civiles, politiques, économiques, sociales et culturelles; …protègent les valeurs humaines (liberté, égalité, dignité ) …inhérents aux individus et souvent aux groupes; …reflétés dans les normes internationales; …engagent légalement les Etats à titre principal.Instructions: (1) show the heading of the slide and ask participants to discuss in each table and write on a vipp card in one sentence what human rights are. (2) revise the answers and cluster them under any of the 6 bullet points of the slide. Then, show the slide and explain each of the points by referring back to the answers provided by participants.Tip: This methodology will help participants to internalize and develop more ownership over the concept. It will also help the trainer to measure the audience’s level of knowledge prior to moving into a more theoretical segment of slides.Human Rights are universal legal guarantees protecting individuals and groups against actions and omissions that interfere with fundamental freedoms, entitlements and human dignity.All human rights are indivisible which means that whether of a civil, cultural, economic, political or social nature, they are all inherent to the dignity of every human person. Consequently, they all have equal status as rights, and cannot be ranked. They are also interdependent and interrelated, which means that the realization of one right depends, wholly or in part, upon the realization of others.Human rights protect individuals and, to some extent, groups. Certain rights can be assured only through the recognition and protection of individual’s rights as members of a group. The term “collective rights” refers to the rights of such peoples and groups, including ethnic and religious minorities and indigenous peoples.“The treaties, including the seven core international human rights treaties – ICCPR, ICESCR, CERD, CEDAW, CAT, CRC and CMW – provide the normative framework of human rights standards.”Human rights treaties are legally binding on the States Parties, which must report to the respective monitoring treaty body on the progress achieved in implementation.In general terms, it is the State that bears the main obligation to respect and ensure human rights guarantees under international law. However, it is increasingly recognized that non-State actors, including corporations and international organizations, may likewise have responsibilities to varying degrees under international human rights instruments.Tip: The concepts of right-holder and duty bearer within the programming context will be seen in further detail in session 4. In this session we are focusing on the relationship between the individual and the State under international law.

16 Obligations en matière des droits de l’hommeObligations des personnes en chargeRespectProtectionRéalisationContinuing with the idea in the previous slide that the State is the primary duty bearer under international law, explain that:States Parties have specific obligations to respect, protect, and fulfil the rights recognized in the treaty and to take the necessary action towards their implementation. All rights, to varying degrees, entail obligations of an immediate kind, such as the obligation not to discriminate in the realization of the right in question. In the case of economic, social and cultural rights in particular, obligations can also be of a progressive kind, the realization of the right being subject to resource constraints.the obligation to respect the human rights of all people within its jurisdiction, meaning abstaining from any conduct or activity that violates human rights. This obligation requires States to ensure that human rights are fully respected in state policies, laws and actions, including those of public officials.the obligation to protect the human rights of all people without discrimination from violations by state and non-state actors including individuals, groups, institutions and corporations. This obligation requires States to ensure that everyone enjoys their human rights within their jurisdiction by protecting their human rights from the actions of individuals and groups including corporations, institutions, and public and private bodies. This protection is achieved primarily through the enactment of laws and the establishment of redress procedures, as well as through national mechanisms to monitor human rights violations.the obligation to fulfil (or ensure) human rights by creating an enabling environment through all appropriate means particularly through resource allocation. This obligation requires States to take establish measures to ensure the realisation of human rights such as legislative, administrative, or other measures in order to give effect to the rights recognized in the treaty. The International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child both provide that States should “take steps, to the maximum of available resources, towards the progressive achievement of the full realisation of these rights.” Thus, the State must take steps such as by setting goals, targets and timeframes for their national plans for fulfilling rights, which may also include seeking international development assistance. The obligation to fulfil includes promoting respect for human rights and fundamental freedoms through, for example, human rights education and training, and ensuring that human rights principles and standards recognized in the human rights treaties are widely known, as well as other measures necessary to prevent violations of human rights.S’abstenir de s’ingérer dans la jouissance du droitEmpêcher les autres de s’ingérer dans la jouissance d’un droitAdopter les mesures appropriées pour la réalisation totale du droit

17 Systèmes des droits de l’hommePIDCPPIDESCCEDRCEDEFCharte des NUDUDHCDHCDECETAutres instrumentsinternationauxCTMRégimes régionauxThe key message that the visual tries to convey is that protection systems (international, regional and national) should be seen as a whole body of legal mechanisms that should be used for the purpose of respecting, protecting and fulfilling human rightsTip for presenter: Show the slide step by step in order to clarify every element and its linka to the rest of the elements as they pop up.Step 1: UN Charter (San Francisco 1945) and Universal Declaration of Human Rights (UDHR 1948) are the foundation upon which the main bulk of the international human rights normative framework has been built. They have also being the inspiration of subsequent regional human rights regimes and national laws. The Human Rights Council (HRC) is the main UN organ in charge of promoting and protecting human rights. It is the successor of the former Commission on Human RightsStep 2: Seven Core International Human Rights Treaties- International Covenant on Civil and Political Rights (ICCPR) 1966 and its two Optional Protocols on the Right of Individual Communications and on the Death Penalty- International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966- Convention on the Elimination of all forms of Racial Discrimination (CERD) 1966- Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) 1979 and its Optional Protocol on the Right of Individual or Group Communications- Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 1984- Convention on the Rights of the Child (CRC) 1989 and its two Optional Protocols on Sale of Children, Child Prostitution and Child Pornography and on Involvement of Children in Armed Conflicts- Convention on the Protection of All Migrant Workers and Members of their Families (CMW) 1990Two new conventions (1) on rights of persons affected by disabilities (2) convention on disappearances have been adopted by the General assembly in These two conventions are waiting for a number of ratifications from member states to come into force.Step 3: Other international instruments may contain additional human rights standards such as the international humanitarian law and the refugees law, as well as the ILO, UNESCO, FAO conventions and declarations and others. Many humanitarian law instruments are prior to the UN charter and the UDHR. However they share common values and principles of human dignity, freedoms and entitlements.e.g. The ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) is the only international Convention dealing specifically with the human rights of these peoples on a comprehensive basis. The ILO applies a rights-based approach for its own work in this area, in addition of course to a legal instrument to protect the rights of workersStep 4: Regional regimes. Some regions of the world have adopted their own regional human rights regimes. These systems do not replace but reinforce the international regime. The relation between these two systems is therefore not hierarchical but complementary.Step 5: National Protection systems. States should make sure that their national constitutions and laws are consistent with the international and regional human rights regimes they are party to. The World Conference on Human Rights’ request to Governments “to incorporate standards as contained in international human rights instruments in domestic legislation and to strengthen national structures, institutions and organs of society which play a role in promoting and safeguarding human rights”.

18 Droits humains de la femmeLes droits dans tous les traités des droits de l’homme appartiennent aux hommes aussi bien qu’aux femmes sans aucune discrimnation.La CEDEF exige des mesures globales pour éliminer la discrimination contre les femmes dans tous les domaines de la vie.Plus de 90% des Etats membres des NU sont signataires de la CEDEFLes normes se trouvent dans:CEDEFPIDCP & PIDESCAutres traités internationaux ,e.g. CRCTraités régionaux –par exemple, le Protocole de la Charte Africaine sur les droits de la femmeCEDAWCEDAW is an “anti-discrimination” treaty, meaning that in CEDAW gender inequalities are understood to have been produced by sex-based discrimination. The State obligations imposed by CEDAW are primarily obligations to eliminate the many different forms of discrimination against women.CEDAW is also informed by a particular understanding of what counts as equality, often called “substantive equality” or “equality of results”. CEDAW takes a very concrete and three-dimensional view of equality. Rather than considering equality in formal and legalistic terms, and saying that laws and policies ensure equality between women and men simply by being gender-neutral, CEDAW requires that their actual impact and effect also be considered. Under CEDAW, the State has to do more than just make sure there aren’t any laws sitting in the books that directly discriminate against women. It must also make sure that all of the necessary arrangements are put in place that will allow women to actually experience equality in their lives.CEDAW makes States responsible not just for their own actions, but also for eliminating discrimination that it being perpetrated by private individuals and organizations. CEDAW recognizes that discrimination is often most deeply rooted in spheres of life such as culture, the family, and interpersonal relations, and that if change does not take place at those levels efforts to achieve gender equality will be frustrated. Key areas of women’s human rights protection in CEDAW:Article 5: cultural patterns and customary practices Article 12: healthcareArticle 6: trafficking and exploitation of prostitution Article 11: employmentArticle 7: public and political life Article 13: economic and social lifeArticle 8: international affairs Article 14: rural womenArticle 9: nationality Article 15: equality before the lawArticle 10: education Article 16: equality in marriage and family lifeGR#19: violence against womenWHR and other treatiesThe ICCPR and the ICESCR very clearly guarantee human rights entitlements for both men and women. Both treaties include a special article, article 3, which explicitly provides that State parties to the Covenants will ensure that men and women have equal enjoyment all of the rights they set out. As well, both treaties contain an anti-discrimination provision, which lists “sex” as one of the prohibited grounds of discrimination. The treaty bodies for both the ICCPR and ICESCR have issued General Comments which explain the implications of these articles in considerable detail, and highlight some of the most important gender equality dimensions of each of the other rights set out in these treaties.The other human rights treaties also contain important guarantees for women. For example, the CRC contains an anti-discrimination provision which requires State parties to ensure the rights set out in the Convention equally for both boys and girls. The CRC also sets out a number of rights with special importance for women and girls, including rights relating to pre-natal and post-natal care for mothers, family planning, abolition of harmful traditional practices, and the elimination of sexual exploitation and prostitution.Regional TreatiesWomen’s human rights are also protected by important regional standards. For example, in LAC, the Convention Belem do Para sets out comprehensive measures for eliminating violence against women. And in the Women’s Rights Protocol to the African Charter on Human and People’s Rights, we can see the international human rights guarantees for women reflected, but also modified and expanded, to fit African realities.”

19 Droit international humanitaire …Un ensemble de règles qui cherchent à limiter les effets des conflits armésProtège les personnes qui ne partcipent pas ou ne participent plus aux hostilitésLimite les moyens et les méthodes de la guerreLes 4 conventions de Genève1) Sur l’amélioration du sort des militaires blessés dans les armées en campagne2) Sur l’amélioration du sort des blessés , des malades et des naufragés des forces armées sur mer3) Sur le traitement des prisonniers de guerre4) Sur la protection des personnes civiles en temps de guerreInternational humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.International humanitarian law is part of international law, which is the body of rules governing relations between States. International law is contained in agreements between States – treaties or conventions –, in customary rules, which consist of State practice considered by them as legally binding, and in general principles.International humanitarian law applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.In 1949 four Geneva Conventions, which are still in force today, were adopted, each of them dealing with the protection of a specific category of persons who are not, or are no longer, taking part in hostilities: First Convention: on the care of the wounded and sick members of armed forces in the field Second Convention: on the care of the wounded, sick and shipwrecked members of armed forces at sea Third Convention: on the treatment of prisoners of war Fourth Convention: on the protection of civilian persons in time of war. The Geneva Conventions of 1949 are a legacy of World War II. Starting from the tragic experience gained in that conflict, they greatly improve the legal protection of war victims, in particular of civilians in the power of the enemy. Today, practically all States are party to the 1949 Geneva Conventions. Accepted as they are by the whole community of nations, they have become truly universal law.The 1993 Vienna Declaration and Programme of Action called on all parties to armed conflicts to strictly observe international humanitarian law along with the minimum standards required to protect human rights. It was therefore recognized that human rights law and humanitarian law should be regarded in an integrated and holistic manner, which means that the individual is protected at all times by human rights law, as well as by humanitarian law during war or other hostilities. The Vienna Declaration and Programme of Action, further confirmed that “violations of the human rights of women in situations of armed conflict are violations of the fundamental principles of human rights and humanitarian law” and that they require a “particularly effective response”.

20 Systèmes régionaux des droits de l’hommeInstrumentsEurope:Convention Européenne relative à la protection des droits de l’homme et des libertés fondamentales.Amérique:Convention Américaine relative aux droits de l’homme et le Pacte de San José sur les droits économiques, sociaux et culturels.Afrique:Charte Africaine des Droits de l’Homme et des Peuples.Etats Arabes:Charte Arabe ds Droits de l’HommeMécanismesCour Européenne des droits de l’hommeCommission Inter-Américaine sur les droits de l’hommeCour Inter-Américaine des droits de l’hommeCommission Africaine sur les droits de l’homme et des peuplesCour Africaine des droits de l’homme et des peuplesOptional slides will be developed for each regional systemRegional human rights regimes have also been established that vary in their capacity and impact in Africa, the Americas and Europe and complement the international human rights machinery. Regional human rights mechanisms can be important partners for close collaboration with the UN on activities of mutual concern. Regional human rights systems reinforce international standards and machinery by providing the means by which human rights concerns can be addressed within the particular social, historical and political context of the region concerned.Asia has not yet succeeded in establishing any viable human rights regime. In the Middle East region, an Arab Charter on Human Rights was revised by the Arab Standing Committee on Human Rights in January 2004, but it is still regarded as falling short of providing critical human rights protections.European Human Rights Regime The Council of Europe, the Organization for Security and Cooperation in Europe (OSCE) and the European Union form the institutional backbone of the European human rights regime. The European Convention for the Protection of Human Rights and Fundamental Freedoms (entered into force in 1953) and its numerous Protocols guarantee civil and political rights and the European Social Charter (1961, revised in 1996) recognizes economic and social rights. The list of rights in these instruments are similar to those enshrined in the Universal Declaration of Human Rights and the two International Covenants. The Council of Europe has adopted special treaties in the areas of data protection, migrant workers, minorities, torture prevention and biomedicine.European Court of Human Rights - Initially two regional bodies were established to review complaints from persons, groups or individuals, NGOs and states regarding violations of human rights, namely, the European Court of Human Rights and the European Commission of Human Rights. The European Court of Human Rights has authoritative decision-making powers, its decisions are normally enforced and have significant weight on law and practice in a number of European States. The Court´s decision can also put pressure on those states that are lagging behind European norms.Human Rights Regime in the Americas - The Inter-American human rights regime falls under the Organization of American States (OAS). Like the European Convention, the American Declaration of the Rights and Duties of Man (1948) recognizes a list of human rights that is similar to the Universal Declaration of Human Rights. The American Convention on Human Rights (1969) recognizes civil and political rights and the right to property. In addition there is the Additional Protocol to the American Convention of Human Rights in the Area of Economic, Social and Cultural Rights (1988) commonly referred to as the Pact San Jose, Costa Rica.In order to safeguard these rights in the American continent, the Convention created two organs to promote the observance and protection of human rights: the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. The Inter-American Commission of Human Rights is a technical, quasi-judicial body created to promote awareness of human rights, make recommendations to States and respond to their inquiries, prepare studies and reports, request information from governments and conduct investigations with their consent. The Commission adopts decisions and resolutions, issues country reports, and it is also empowered to receive complaints from individuals or groups on human rights violations. It further recommends to member States of the OAS the adoption of measures which could contribute to human rights protection. One of its main functions is to submit cases to the Inter-American Court and appear before the Court during the litigation process. The Inter-American Court of Human Rights has not had as strong of an impact as the European Court although it may take binding enforcement action, but its adjudicatory jurisdiction is optional for the States that ratify. The Court has jurisdiction to adjudicate cases involving charges that a State Party has violated the American Convention. Complainants submitting claims of human rights violations must have first exhausted all available domestic legal remedies.The African Human Rights Regime - The African regional human rights system falls under the African Union, which was established in 2001 and replaced the Organization of African Unity (OAU). Its objectives include promoting peace, security and stability on the continent; democratic principles and institutions, popular participation and good governance; and, promoting and protecting human rights in accordance with the African Charter on Human and Peoples´ Rights and other human rights instruments. The African Charter was adopted by the OAU in 1981 and entered into force in Today there are several protocols to the Charter including one that addresses the rights of women in Africa. The African Charter includes an important distinguishing feature which is the recognition of collective or “peoples” rights, the rights to peace and development and the importance of individual duties. The rights it guarantees are more limited and subject to state discretion than in the other international human rights instruments. The Charter also created an African Commission on Human and Peoples Rights that is empowered to receive interstate and individual complaints although its work is apparently hindered by a lack of resources. Anybody can submit a complaint/communication to the Commission denouncing a violation of human rights provided all available domestic legal remedies have been exhausted.

21 Systèmes nationaux de protection des droits de l’hommeCadres constitutionnel et législatifInstitutions efficaces (Parlement, Gouvernement, Corps judiciaire, administration publique, institutions des droits de l’homme)Politiques, procédures et processusSociété civile activeThis slide introduces the main components of a national human rights protection system that need to be established or strengthened by the State in order to promote, protect and fulfil human rights. Emphasize that the most important action on human rights, particularly the way norms and standards are put into practice takes place at the national level through the effective roles played by the various governance institutions. The specific elements will be treated in greater detail in the next sessionA NHRPS consists mainly of legal frameworks, institutions, policies procedures and actors designed to ensure that international human rights norms and standards are promoted, respected, protected and fulfilled.The objective of a NHRPS is to ensure sustainable and effective respect for human rights in a country. Particular consideration should be given to ensuring that all aspects of any NHRPS are responsive to the human rights of women. And special attention should always be paid to groups subjected to discrimination and suffering from disadvantage within the country – including racial and ethnic minorities, children, the disabled, women, and the poor.Constitutional and legislative frameworks which reflect international human rights norms and standards; Effective institutions to promote and protect human rights, including central and local levels governments, central and local parliaments, administrations on both the central and local levels, the administration of justice, constitutional courts, and an independent human rights body, such as a national human rights institution and/or ombudsperson;Policies, Procedures and processes of human rights promotion and protection, including: redress for human rights violations and abuses; participatory decision-making processes; cooperation with international and regional human rights mechanisms; and at a more global level, the adoption of human rights-based policy and development programme planning;Programmes and policies for awareness-raising on human rights including women’s rights, through human rights education in schools, universities and professional education institutions, human rights training for public officials and other relevant professionals, as well as awareness-raising campaigns for the public at large;The existence of a vibrant democratic civil society with the full and equal participation of men and women, including free, active and independent media and human rights defenders communities.

22 Liens entre les systèmes internationaux,régionaux et nationaux,Les normes internationales et régionales nécessitent une application nationale pour être efficacesLes normes nationales devraient être en accord avec les normes internationales et régionalesRecours à la protection judiciaire internationale et régionale lorsque les recours nationaux ont été épuisésLes protections internationale et régionale sont complémentairesThe international human rights treaty system may seem focused on the international level, yet, clearly, it is at the national level that the promotion and protection of human rights matters most. The internationally agreed standards set out in the treaties require effective national level implementation in order to ensure that they are enjoyed by all men, women and children in each country.International and regional human rights mechanisms have an important role in supporting efforts to strengthen the protection of human rights at the national level. Firstly the process of reporting to treaty bodies is in itself an important part of the development of a national human rights protection system. Secondly, the outputs of treaty bodies provide in States with practical advise and assistance on how best to implement the treaties.The outputs of the treaty bodies can provide states, as well as UN country teams and donors on useful guidance on where more action is required to strengthen national protection of human rights.Regional arrangements play a fundamental role in promoting and protecting human rights. They should reinforce universal human rights standards as contained in international human rights instruments and their protection. The 1993 world conference on human rights endorses efforts under way to strengthen these arrangements and increase their effectiveness, while at the same time stressing the importance of cooperation with the UN human rights activities. The World Conference on Human Rights reiterates the need to consider the possibility of establishing regional and sub-regional arrangements for the promotion and protection of human rights where they do not already exist.The international and regional human rights regimes can provide international protection of human rights. For example, some Treaty Bodies act as a quasi-judicial body examining individual cases of alleged violations. The Optional Protocols to CCPR and CEDAW, and optional clauses in CERD, CAT and the CMW provide for such procedures. The committees examine such complaints culminating in a final, non-binding decision that declares the complaint either inadmissible or admissible, and — in the latter case — issues an opinion on the merits (determining whether the complainant’s human rights have been violated). As established in the CCPR Optional Protocol, the individual must have exhausted all available domestic remedies before recurring to the committee. This shall not be the rule where the application of the remedies is unreasonably prolonged.International and regional judicial and quasi-judicial protections is complimentary. This means that there is no hierarchy between both systems. When domestic remedies are exhausted, the individual has to chose whether to appeal to the Human Rights Committee or the Inter-American Commission, for example, but not to both of them.

23 Mécanismes internationaux: Le rôle des oganes de traitéSuperviser et faciliter l’application du Traité à travers:Examen des rapports des Etats parties et autres sources d’informationObservations et recommendationsCommentaires généraux sur les normes des droits de l’homme contenues dans le TraitéExamen des plaintes individuelles (quelques)Enquêtes confidentielles (quelques)Treaty-based mechanisms are conventional bodies or committees whose mandates, roles and functions are established in international human rights treaties.The treaty bodies are committees of independent experts which monitor the implementation of the treaty by each Member State.The examination of State reports along with information from a variety of sources, including the UNCT and civil society organizations culminates in the adoption of concluding observations and recommendations. The State party is expected to take the necessary measures to implement these recommendationsThe Concluding Observations and Recommendations identify specific human rights concerns to help set priorities at the national level, which may provide a framework for joint action by Governments, UN agencies, NGOs and other partners. They are also a guiding reference and tools for programming, including the CCA/UNDAF processes.The General Comments clarify the actual content of the human rights standards contained in a treaty. These comments provide more detailed guidance on what the international human rights standards mean in all phases of programming.Individual complaints: Some Treaty Bodies act as a quasi-judicial body examining individual cases of alleged violations. The Optional Protocols to CCPR and CEDAW, and optional clauses in CERD, CAT and the CMW provide for such procedures. The committees examine such complaints culminating in a final, non-binding decision that declares the complaint either inadmissible or admissible, and — in the latter case — issues an opinion on the merits (determining whether the complainant’s human rights have been violated)Confidential enquiries: CAT and the Optional Protocol to CEDAW provide for a procedure of “suo moto” inquiry by the respective treaty bodies (also known as “inquiry of its own motion”). if the committees receive reliable and plausible information that torture or discrimination against women, respectively, is being systematically practiced in the territory of a State party, the treaty body may carry out a fact-finding mission to the country concerned, subject to approval by its Government. The CAT Committee has so far conducted six inquiries (Egypt, Mexico, Peru, Serbia and Montenegro, Sri Lanka, and Turkey). The CEDAW Committee has initiated an inquiry procedure concerning Mexico.

24 Organes de traitéPossibilities for cooperation between UN country teams and Treaty BodiesThe human rights treaty bodies provide a number of useful entry points and opportunities for participation by UN country teams. For instance, UNCTs can systematically facilitate the participation in the reporting process by States and NGOs, where appropriate; provide concise data to Committees; and use its outputs as a programming tool. Such engagement transforms the reporting exercise into a dynamic tool for assessment and dialogue with States, UN agencies and NGOs which can provide an essential framework to hold States parties accountable for their treaty obligations.Examples of “good practices”:a) Support to the reporting process:Encouraging compliance with reporting obligations in a timely manner and in accordance with the reporting guidelines of the respective committees, including through reporting workshops and other capacity building activities for both Government and civil society.Good practice 1: Using OHCHR material on treaty body reporting, specifically the UN Manual on Human Rights Reporting, the UNDP Country Office in Kazakhstan has been involved in assisting the government in treaty reporting, particularly with reports under CAT, CEDAW, CRC and CERD. Activities included: preparing analytical and informational materials for dissemination in local language and organizing several workshops to highlight these guidelines; and regular communication with the inter-ministerial working groups in charge of preparing the reports and advocacy for inclusion of NGO representatives in these groups and ensuring quality of information.Encouraging the creation of an institutional framework for the preparation of reports and mechanisms to allow for participation of all sectors of society in the reporting process and the implementation of recommendations.Good practice 2: In December 2003, the United Nations System in Ecuador signed an inter-institutional cooperation agreement with the Ministry of Foreign Affairs aimed at providing assistance to the Public Coordination Commission (PCC) on Human Rights which is charged inter alia with coordinating the preparation of reports to Treaty Bodies. The sum of 10,000 US$ for this small UNCT project, provided by the different UN agencies, despite being modest, has allowed the UNCT to undertake a series of actives, including: 1) regular meetings of the different Working Groups aimed at preparing the various reports to TBs: 2) an OHCHR mission to provide guidance on the report writing process to TBs; 3) developing a leaflet with practical information on how to present reports; and 4) creating a website of PCC for information about developments on preparation of reports to Treaty Bodies.B) Advocacy tool: UNCTs can follow up States parties implementation of TB concluding observations and recommendations as well as draw these recommendations to the attention of other actors, including national human rights institutions and NGOs. These recommendations can be used by UNCTs as a tool to encourage necessary legislative, policy, budget or programmatic review or change, as well as effective implementation of existing legislation or policies. They should also inspire UN action at the country level and contribute to CCAs/UNDAFs;Good practice 3: UNDP Zambia has supported training of government officers on state reporting and is currently planning, in collaboration with the Human Rights Commission and the Ministry of Justice, a joint workshop to disseminate the state report and to explore next steps to guide the Government in future policy development.

25 Le Conseil des droits de l’hommeQu’est ce que c’est ?Organe subsidiaire de l’Assemblée Générale composé des Etats membres.Il remplace la Commission des droits de l’hommeQue fait-il ?*Promeut le protection universelle*S’occupe des violations et les empêchent*Développe le droit international*Examine le respect par les Etats membres de leurs engagements*Répond aux urgences*Forum international de dialogueWhat makes the Human Rights Council different from its predecessor the Commission?United Nations High Commissioner for Human Rights, Louise Arbour has called the establishment of the United Nations Human Rights Council more than a "new and improved" Commission on Human Rights, the body it is replacing. In addition to retaining some of the best elements of the Commission, such as the system of independent investigators and the broad participation of civil society, many new features make the Council a stronger body including that:candidates for membership will have to make concrete commitments to promote and uphold human rights (country pledges to HRC);candidates for membership have to compete for seats and need to win the support of a majority of all members States in a secret ballot;elected members will be first in line for scrutiny under a universal periodic review of their human rights records;members that committed gross and systematic violations of human rights could be suspended.members will be expected to commit to cooperate with the Council and its various mechanisms.the Council will meet throughout the year for at least 10 weeks instead of the single six weeks session of the Commission.How is the election of members to the Council an improvement?The way members of the Council are to be elected represents a major improvement over the former Commission. Election to the Council requires an absolute majority of UN Member States: of the 191 members, at least 96 must support a state's membership by secret ballot. This threshold is much higher than the 28 or fewer votes that could get a country membership in the Commission, and will allow countries to block the election of egregious rights violators.Who sits in the new Council?A total of 47 countries were elected members of the Council on 9 May They were elected according to geographic representation: 13 from African Group; 13 from Asian Group; 6 from Eastern European Group; 8 from the Latin American and Caribbean Group; and 7 from the Western European and Other States Group.

26 Mécanisme internationaux: Procédures spécialesPaysBélarus – Burundi Cambodge – Cuba RDPC – R.D du Congo- Haïti - Libéria Myanmar – Territoires Occupés Somalie – Soudan Ouzbékistan28 Thématiques, dont:La détention arbitraire- la traite des enfants- le droit à l’éducation- l’extrême pauvreté- le droit à l’alimentation- la liberté d’opinion- la liberté du culte- les déplacés internes- les peuples indigènes migrants- la violence contre les femmes“Special procedures” is the general name given to the mechanisms assumed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. Currently, there are 28 thematic and 13 country mandates in place. OHCHR provides these mechanisms with personnel and logistical assistance to aid them in the discharge of their mandates.Although the mandates given to special procedure mechanisms vary, they usually are to examine, monitor, advise, and publicly report on human rights situations in specific countries or territories, known as country mandates, or on major phenomena of human rights violations worldwide, known as thematic mandates..Special procedures are either an individual (called “Special Rapporteur”, “Special Representative of the Secretary-General”, “Representative of the Secretary-General” or “Independent Expert”) or a working group usually composed of five members. The mandates of the special procedures are established and defined by the resolution creating them. Mandate-holders of the special procedures serve in their personal capacity, and do not receive salaries or any other financial retribution for their work. The independent status of the mandate-holders is crucial in order to be able to fulfill their functions in all impartiality.

27 Procédures spéciales:Visites aux paysCommunications, déclaration,études thématiquesSpecial procedures undertake country visits or fact-finding missions which result in public reports containing observations and recommendations for the country to follow on.Most Special Procedures receive information on specific allegations of human rights violation and send urgent appeals or letters of allegation to governments asking for clarification on the case, application of preventive or remedial measures and respect for international standards. The intervention can relate to a human rights violation that has already occurred, is ongoing, or which has a high risk of occurring. The procedure is confidential in order to safeguard the integrity of the persons requesting an urgent action. Requests can be sent toSpecial procedures also carry out thematic studies which provide guidance on the normative content and operationalization of human rights norms and standards as a basis for rights based programming.Possibilities for cooperation between UNCTs and Special ProceduresMission preparation/conduct: Substantive participation by UNCTs in mission preparation and conduct gives the opportunity to update and contextualize the information already received by the mandate holder as well as to identify persons, sites and material to be consulted. It can also provide opportunities for the UNCT to engage in a dialogue on human rights issues, with a various range of national stakeholders.Good practice: In Guatemala the UNCT delegated on the UN theme group on food security to prepare the visit of the Special Rapporteur on Right to Food in January The theme group also prepared a comprehensive interagency report regarding the country situation on right to food as an input for the Special Rapporteur. The report included a summary of main points to be raised by the special Rapporteur, among which to advocate with Government and Congress during the visit for the adoption of a national law on food security. The law was passed by Congress four months after the visit.Follow-up to missions and advocacy UNCTs can make use of the interest generated following a visit, as well as keep in contact with the mandate holder, in order to maintain momentum on addressing human rights issues. UNCTs can encourage the government to cooperate with, invite and implement the recommendations of Special Procedure mandate holdersGood practice: Following the visit in September 2003 of the Representative of the Secretary-General on internally displaced persons to the Russian Federation the authorities decided to close one of the tented camps in Ingushetia that the Representative had visited. The expert shared his concern with the UNCT that the IDPs may have no option available but to return to Chechnya. The UNCT raised the issue with the Government, and eventually those IDPs who did not wish to return were moved to one of the remaining camps in slightly better condition.programming. The recommendations made can also serve as a platform for longer-term programming and institution-building.Good practices:The 1998 Guiding Principles on Internal Displacement elaborated by the Special Representative of the SG on Internally Displaced Persons have been used by the Government of Uganda as the basis for its policy on IDPs, the UNCT providing instrumental support in this respect. These Guiding Principles have also been used as the basis for the training module developed by OCHA on IDPs.

28 Résumé: contribution des mécanismes internationaux au travail des NUOutil d’évaluation: identifie les princiapux problèmes en matière de développement et de droits de l’hommeOutil analytique: aide à comprendre les causes sous jacentes et les causes profondes des problèmes de développementOutil de programmation: identifie des actions spécifiquesOutil de plaidoyer: attire l’attention sur des questions sensibles aux niveaux juridique, politique, budgétaire ou pratiqueObservations et recommandations se basant sur la réalité du paysCommentaires généraux des organes de traitésProcédures spécialesEtudes thématiquesAlternative slideExample from Nigeria (recorded through posting in Huritalk, June 2006)1. In which way have the TB and SP observations and recommendations influenced the main agenda and the work of the UN system in your country? if not, why?Recent Legislative reforms for children and women in Nigeria were based on the concluding observations and recommendations from the CRC and CEDAW Committees on the country periodic reports since Recommendations from both committees focus on the need for government response in combating trafficking of woen and children. For example:Prior to the submission of the Initial/1st CRC periodic reports and the 4th/5th CEDAW Periodic reports, the government refused to acknowledge that Nigeria was a source, transit and destination country for human trafficking. However, when the country's delegation was confronted with this problem at the defence of both reports and a subsequent feedback in the Concluding Observations, trafficking in persons gradually came to the national agenda. Following series of consultation with government, the CRC and the International Trafficking Protocol was domesticated. Within a period of four years, , the government had promulgated a comprehensive law on children’s rights and a model law against trafficking. Institutional mechanism was also set up to respond to the issue through the establishment of the National Agency for the Prohibition of Trafficking in Person. .Guiding tools for joint programming: The wide dissemination of the concluding observations created awareness on existing gaps to be addressed in programming. A national action plan was developed and prosecution and punishment of offenders commenced. Awareness-raising and training activities for immigration, police, policy makers and NGOs involved in combating trafficking also supported by Unicef, ILO, USAID, Italian government and U.K. Efforts were intensified on international, regional and bilateral cooperation particularly with countries of origin, transit and destination for trafficking. Income generating activities, scholarships and credit support was introduced as part of measures aimed at improving the economic situation of families

29 Visitez le site suivant pour plus d’informations sur……L’état des ratifications…Si un Etat a fait des promesses au Conseil des Droits de l’Homme…Récentes observations finales des organes des traités…Récents rapports de l’Etat aux organes des traités…Recents visites ou declarations des raporteurs speciaux sur un pays…Calendrier des actions et visites des rapporteurs speciaux…Profil des paysThe output of TBs and SPs is available in OHCHR’s web page (www.ohchr.org).The page provides for each country the following information….(read from the slide)The page also provides a link to the Treaty Body database where the State party reports and all the documentation issued by the Treaty Body can be foundA calendar of events provides an excellent opportunity for UNCTs to prepare in advance inputs for upcoming sessions of Treaty Bodies as well as visits of Special Procedures.In consultations with UNCTs, OHCHR additionally produces Country Profiles which highlight the key TB and SP recommendations for the country in order to facilitate their use by UNCTs and UN agencies in country analysis and programming. Country profiles are not available at the web page but can be requested from the concerned Country Desk officer (indicated in the page)The page Also provides linkages to the Geneva Conventions, the Refugee Conventions (Humanitarian Law) and the ILO conventions ratified by the country. Where applicable, there is a link to the corresponding regional regime. If available, there is also a link to national human rights protection systems, including information from the national ombudsman or National Human Rights Institutions.

30 L’approche basée sur les droits de l’homme dans le processus de programmationSession 3This session explains:What is HRBA to development programmingWhy a HRBAThe UN Common Understanding on HRBA to Development Programming and its main elements:-Action 2 Apprendre ensemble les droits de l’homme

31 Qu’est ce qu’une approche basée sur les droits de l’homme?Le processus de développement se base sur les normes et principes internationaux des droits de l’hommeIl reconnait les êtres humains comme étant des détenteurs de droits et définit des obligations pour les personnes en charge.Il met l’accent sur les groupes marginalisés et victimes de discriminationIl vise la réalisation progressive de tous les droits humainsIl accorde la même importance à la réalisation et au processus de développement .Tip for presenter. This presentation comes after the group work on the HRBA which will have already dealt with a lot of content issues that are covered in the present session. While running the presentation, do refer to issues emerge and discussed in the groups work.The slide is animated. Start by Showing the title only and ask participants to indicate which of the definitions below correspond to the HRBA.HRBA is about consistently referring to and applying the human rights terminology in UN reports, speeches, project documents etc.HRBA is about conditioning the support of the UN to the country to the respect of human rights3) HRBA is about designing and implementing specific interventions targeting the protection of human rightsNone of them does…show the rest of the slide to highlight the essence of the HRBAWhat is a HRBA?HRBA is a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights. A HRBA focuses explicitly on discrimination and marginalisation in the development processHRBA penetrates all development practice to the point that the boundaries of human rights and development disappear as both become conceptually and operationally inseparable parts of the same processes of social change. HRBA is applied to development in such a manner that it alters the way that programmes are designed, implemented, monitored and evaluated beginning with the assessment and analysis of the situation, which is ideally the point of departure.The level of commitment is higher in the application of HRBA and requires addressing the challenges in a more comprehensive way. This means confronting persistent patterns of inequality and discrimination and formulating responses that will have taken into account the structural causes that enabled a political and societal environment to foster exclusion and marginalization and ultimately, the denial of human rights- Example - Needs-based approach versus a rights-based approach to nutrition:“The essence of the differences is that in the former “beneficiaries” have no active claim to ensure that their needs will be met, and there is no binding obligation or duty for anybody to meet these needs. In contrast, a rights-based approach recognizes beneficiaries as active subjects or “claim-holders” and establishes duties or obligations for those against whom a claim can be held.” Urban JonssonFocus is Both on Outcome and ProcessIn a HRBA, attention must be paid to results since the desired outcome and impact of any programme activity is that it contributes to further the realization of human rights. At the same time, attention must be paid to ensure that the development process does not deepen inequality, discrimination and ultimately conflict. Human rights principles and standards provide objective criteria for acceptable development processes, thus being participatory, inclusive and accountable processes which prioritize the most marginalized and excluded groups. For example, human rights principles should inform the process of formulating, implementing and monitoring a poverty reduction strategy.

32 Imortante pour les stratégies de développementPourquoi adopter une approche axée sur les droits de l’homme pour le développement ?Valeur intrinsèqueBasée sur des valeurs universellesNormes juridiques universelles pour une vie de dignitéImortante pour les stratégies de développementAborde les inégalités de pouvoir et la discriminationS’occupe des points faibles dans les sytèmes de redevabilitéCadre objectif pour gérer les conflits et chercher des réparationsRaisons institutionnelles (valeur ajoutée des NU )Impartialité dans le traitement des questions sensibles analyse holistique et réponses intégrales aux problèmesImplications and Added value of HRBAIn the shift from theory to practice, there has been considerable debate regarding its meaning, the added value to development and particularly on how to apply a HRBA to development programming so that it can have greater impact. There are three main rationales for a HRBA: (a) intrinsic; (b) instrumental; (c) and institutional.(a) Intrinsic rationaleAcknowledging that a HRBA is the right thing to do, morally and legallyThe HRBA is based on universal values (freedom, equality, solidarity, etc.) reflected in human rights principles and standards that provide a common standard of achievement for all men women and children and all nations.The HRBA moves development action from the optional realm of benevolence (or charity) into the mandatory realm of law.The HRBA establishes duties and obligations and corresponding claims, and underscores the importance of establishing accountability mechanisms at all levels for duty-bearers to meet their obligations.The HRBA changes the concept from regarding people as passive beneficiaries of State policies to active participants in their own development and further recognizes them as rights-holders, thereby placing them at the centre of the development process.(b) Instrumental rationaleRecognizing that a HRBA leads to better and more sustainable human development outcomes, the HRBA:Focuses on analyzing the inequalities, discriminatory practices, and unjust power relations which are the root causes of the human rights and development challenges and processes that exacerbate conflict.Has a special focus on groups subjected to discrimination and suffering from disadvantage and exclusion, including children, minorities and women. The twin principles of non-discrimination and equality call for a focus on gender equality and engaging with women’s human rights in all development programmes.Emphasizes participation, particularly of discriminated and excluded groups at every stage of the programming process.Counts on the accountability of the State and its institutions with regard to respecting, protecting and fulfilling all the human rights of all people within their jurisdiction (although in some instances the duty of the State may extend beyond their jurisdiction, e.g. prisoners of war).Gives equal importance to the processes and outcomes of development, as the quality of the process affects the achievement and sustainability of outcomes.(c) Institutional valueThe UN has a comparative advantage in its core mandate on Peace, Security, Human Rights and Development and the values of the UN Charter. In that regard, neutrality and respect for self reliance make the UN a privileged partner to deal with sensitive issues in a holistic manner, which means that:Development challenges are examined from a holistic lens guided by the human rights principles and taking into account the civil, political, economic, social and cultural aspects of a problem (e.g. poverty reduction strategy is guided by rights to education and health as well as freedom of expression and assembly and right to information etc.)A HRBA lifts sectoral “blinkers” and facilitates an integrated response to multifaceted development problems, including addressing the social, political, legal and policy frameworks that determine the relationship and capacity gaps of rights-holders and duty- bearers.A HRBA requires using the recommendations of international human rights mechanisms in the analysis and strategic response to development problems.A HRBA can also shape relations with partners since partnerships should be participatory, inclusive and based on mutual respect in accordance with human rights principles

33 Compréhension commune des NU vis à vis de la HRBATous les programmes de coopération, politiques et l’assistance technique pour le développement devraient faire avancer la réalisation des droits de l’homme comme définis dans la DUDH et dans d’autres instruments internationaux des droits de l’hommeLes normes et principes des droits de l’homme guident toute la coopération et la programmation pour le développement dans tous les secteurs et toutes les phases du processus de programmationLa coopération pour le développement contribue au développement des capacités des personnes en charge pour qu’elles assument leurs obligations et des détenteurs de droits pour qu’ils revendiquent leurs droitsButProcessusIn recent years, UN agencies have moved to integrate human rights to different degrees. Some agencies have adopted a HRBA fully, which requires institutional change and the way development work is carried out through the design of country programmes and other activities.The different level of adoption and practice led to a need for a common understanding of HRBA among UN agencies and for conceptual clarity about human rights in regard to programming. The understanding reached highlights three implications of HRBA to development cooperation and programming, as follows:The ultimate objective must be a greater realization of rights.The process of development must be of a certain type; processes should be guided by human rights principles and standards, and this should happen for all development strategies, in all sectors and phases of the programming cycle.The focus of strategies is capacity development of rights-holders to claim their rights, and of duty-bearers to fulfill their obligations.These are the three key elements of the UN Common Understanding elaborated at the Stamford meeting in 2003Each one of them will be elaborated in greater detail in the next slidesRéalisation

34 Tous les programmes de coopération pour le développement devraient faire avancer la réalisation des droits de l’homme comme définis dans la DUDH et dans d’autres instruments internationaux des droits de l’hommeButLa réalisation des droits de l’homme est l’ultime but de tous les programmes de développementLa HRBA influe sur l’identification des priorités stratégiques des NULa programmation puise l’information dans les recommandations des organes et mécanismes internationaux des NUThis clause answers the “why” of development assistance in the UNThe Goal of Development Programmes is to Further Realization of RightsA set of programme activities that only incidentally contributes to the realization of human rights does not necessarily constitute a HRBA to programming. In a HRBA, the aim of all activities is to further advance the realization of human rights. The more human rights are realized, the more positive the impact of development. At the same time, a deterioration of human rights could indicate that development strategies are failing.The practical implications in programming are the following:Development challenges and goals should be framed and formulated as human rights that must be respected, protected and fulfilled. For example, the objective of a programme on education would be “to ensure universal and free primary education” instead of “to ensure sufficient and adequate educational infrastructure”. Particular attention would therefore be required for groups whose right to education is most endangered – including girls, children in rural areas, and ethnic and racial minorities.Human Rights standards help to define the precise elements of the development objectives, which otherwise would be too general and open ended. For example, the objective of ensuring food security requires that food is accessible, affordable, and biologically and culturally acceptable.The observations and recommendations of International human rights mechanisms are now recognized as essential tools for analysis and programming, including the setting of objectives.

35 La programmation alimentée par les mécansimes des droits de l’hommeObservations des OT & RS :Analyse des problèmes de développement d’une perspective des droits de l’hommeRecommandations des OT & RS :Les outils de programmation des NU pour traiter les problèmes sont-ils identifiés ?Commentaires généraux des OTs :Identification du contenu précis des objectifs de développement en clarifiant le sens des droits.Tip for PresenterThis slide links to the first element of the UN Common Understanding and aims to clarify the relationship between the HRBA and the use of International Human Rights law and related protection systemsThe observations and recommendations of Treaty Bodies (TB) and Special Procedures offer valuable references and tools for UN programming consistent with the provisions of the relevant treaties which should inform the CCA/UNDAF process, as follows:Source for country analysis: Identifying key development issues from rights-based perspective.Source for programming: In their recommendations TB and SP outline the main actions that a government should undertake from a rights perspective in order to overcome a development problem. UN can play a key role in assisting the government in the follow-up to the recommendation. Whenever there is an absence of knowledge or political willingness, The observations and recommendations can become an important advocacy tool in the dialogue with government partners.Example from Guatemala:In its concluding observations, the Committee on Economic, Social and Cultural (CESCR) rights shows its concern about high maternal mortality rate in Guatemala. In turn, it recommends a number of actions to implement, among which to mainstream reproductive health in school curricula.The CESCR clarifies in its General Comment No. 14 on right to health that access to health-related education and information, including on sexual and reproductive health is part of right to health (GC14). This clarification, not only provides guidance to UN agencies doing programming on sexual and reproductive health. It can also be used as an important advocacy tool with local governments and national stakeholders in moving forward the human rights and development agenda.TB general recommendations clarify the meaning and the minimum normative content of a right. When this minimum content is not met, the right is not fully respected or fulfilled. In the example provided, “The Committee (CESCR) interprets the right to health, as defined in article 12.1, as an inclusive right extending not only to timely and appropriate health care but also to the underlying determinants of health, such as access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions, and access to health-related education and information, including on sexual and reproductive health”. Therefore, If the lack of access to information on reproductive health results on a high maternal mortality rate, the State would be violating the right to health.

36 2) Les normes et principes des droits de l’homme guident toute la coopération et la programmation pour le développement dans tous les secteurs et toutes les phases du processus de programmationProcessusLes normes et principes des droits de l’homme améliorent la qualité des réalisations et des processusLes normes des droits de l’homme délimitent le ‘ terrain’ sur lequel le développement a lieuLes principes des droits de l’homme fournissent les ‘règles du jeu’ pour le processus de développement.Human Rights are both sectoral and instrumental. Both standards and principles improve the quality of outcomes and processesHuman Rights Principles ensure that the development process creates a favourable environment and does not harm the realization of human rightsTip for PresenterStandards and principles will be elaborated in greater details in next slidesIn HRBA the HR principles guiding the development process are equally important as the human rights standards defining the content of the development objectives. The type of process determines the final outcome and its sustainability. HRBA has also a procedural dimension. Key principles such as participation, equality and non discrimination and accountability ensure that the development and programming processes create a favourable environment for the realization of HRs.

37 Planification et conception du programme…Intégration des normes et principes des droits de l’homme dans toutes les étapes du processus de programmation…Evaluation & analyseSuivi et évaluationDéfinition des prioritésTip to presenterThe heading of this slide zooms into the second element of the UN common UnderstandingProgramming for development practitioners is the process through which development interventions produce necessary change to achieve development goals.Ensuring that principles and standards are consistently being respected throughout the programming cycle and at all level of a result chain (Output, outcome and impact)Non-discrimination, participation, local ownership, capacity development and accountability are essential characteristics of a high quality process.The CCA/UNDAF guidelines establish that the UN programme process has the following key steps:AssessmentAnalysisPrioritizing development challengesClarifying expected results and the role of different actorsDesigning country programmes and projectsMonitoring and EvaluationPlanification et conception du programmeMise en oeuvre

38 Norme des droits de l’hommeLors de la programmation, les normes guident……l’identification des défis de développement comme les questions des droits de l’homme (Evaluation)…l’analyse des rôles et des capacités des détenteurs de droits et des personnes en charge…la définition des objectifs de développement…la formulation des références et des indicateurs correspondantsLe contenu normatif minimum du droit: le type de revendications minimales impliquées par le droit dans la pratiqueThe international human rights instruments contain the human rights standards which constitute the minimum normative level or content of entitlements and obligations against which duty-bearers at all levels of society—but especially organs of the State—can be held accountable.Articles in the treaties (e.g. rights relating to health can be found in the ICESCR, CEDAW, and the CRC)General comments of the UN treaty bodies (e.g. availability, accessibility, and adequacy of health services, GCESCR; gender equality and women’s rights to health, GRCEDAW)”Ask participants for an example in which they think food is not culturally acceptableNational legislation (national constitution, laws and regulations, jurisprudence…) can establish higher standards than international lawExample: A minimum standard is the minimum level or content necessary to be able to affirm that a right is being fulfilled. One example of minimum content: food can be available, accessible, and affordable in a quantity and quality sufficient to satisfy the dietary needs of individuals. However, if the food available is not culturally acceptable (pork meat in Muslim cultures) then the right to food would be violated.In the right box:Identification of development challenges as human rights issues: In a country where 40% of children suffer malnutrition, the human rights standard on right to food (article 11 of CESCR and GC 12) tells us that food has to be available and accessible. In fact, there are countries which face that level of chronic malnutrition, where food is available but is not accessible to half of the population due to social and economic disparities.Analysis of roles and capacities: The Ministry of Labour is responsible for the implementation of workers’ rights, but often fails to enforce the policy on minimum wage, given strong resistance from big business interests. Workers are often afraid of reprisals if they claim their rights, given the lack of State protection against abuses by landowners. Rural women in particular still face discrimination in relation to wages and land ownership, and often do not even have identity documents. (excerpt from a report of the Special Rapporteur on Right to Food from a country visit in 2005)

39 Principes des droits de l’hommeUniversalité et inalinéabilitéIndivisibilitéInterdépendance et interconnexionEgalité et non discriminationParticipation et inclusionRedevabilité et autorité de la loiThe colour shows a difference between the two sets of principles. Those in green are content oriented while those in white are process oriented.Tip for presenter. HR Principles will be treated in more detailed through a separate presentation. This is to provide quick understanding of definitionsUniversality and inalienability: Human rights are universal and inalienable. Every man, woman or child everywhere in the world are holders of human rights by virtue of being human. The human person in whom they inhere cannot voluntarily give them up. Nor can others take them away from him or her. Article 1 of the UDHR, “All human beings are born free and equal in dignity and rights.” Universality also refers to the obligation of every State to respect and protect the human rights in international instruments. These rights form a core minimum standard to be observed by every State.Indivisibility: Human rights are indivisible. Whether of a civil, cultural, economic, political or social nature, they are all inherent to the dignity of every human person. Consequently, they all have equal status as rights, and cannot be rankedInter-dependence and Inter-relatedness: The realization of one right often depends, wholly or in part, upon the realization of others. For instance, realization of the right to health may depend, in certain circumstances, on realization of the right to education, the right to information, the right to food and nutrition, the right to safe water and sanitation etc. A malnourished girl is unable to perform in school and to benefit from an education that will enable her to participate in civil society and in the democratic process.Equality and Non-discrimination: All individuals are equal as human beings and by virtue of the inherent dignity of each human person. All human beings are entitled to their human rights without discrimination of any kind, such as race, colour, sex, age, language, religion, political or other opinion, national or social origin, disability, property, birth or other status as established by the human rights treaties and further interpreted by the human rights treaty bodies. For this reason, the advancement of the human rights of both men and women on the basis of equality is an absolute requirement of international human rights law.Participation and Inclusion: Every person and all peoples are entitled to active, free and meaningful participation in, contribution to, and enjoyment of civil, economic, social, cultural and political development in which human rights and fundamental freedoms can be realized.Accountability and Rule of Law: States and other duty-bearers are answerable for the observance of human rights. In this regard, they have to comply with the legal norms and standards enshrined in human rights instruments. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress

40 La ABDH nécessite une plus grande affinité culturelleLa compréhension des croyances et des valeurs facilite la mise en oeuvre de la ABDHL’affinité culturelle permet de plus grands degrés d’appropriation des programmes par les communautésToutefois, les revendications culturelles ne peuvent pas être invoquées pour justifier les violations des droits de l’hommeQuelques pratiques culturelles peuvent être des revendications en matière des droits de l’hommeLa CEDEF exige la modification des modèles culturels et des pratiques coutumières lorsqu’elles contribuent à l’inégalité entre les deux sexesVienna Declaration 1993, para 5: All Human Rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of the States regardless of their political, economic, and cultural systems, to promote and protect all human rights and fundamental freedoms.The concrete steps taken to implement CEDAW, and the other international human rights treaties, will often be different in different countries, and should be culturally appropriate. However CEDAW is clear that where aspects of a culture or tradition are discriminatory, claims based on culture do not “trump” human rights. Work must be done to eliminate discrimination against women at this level, just as it must take place at the level of laws and policiesAn understanding of the beliefs and values of the people facilitates the implementation of the HRBA: for example, campaigning to end female genital cutting is not a value judgment on any African culture where the practice is being exercised, but it is a judgment that the practice violates the right to integrity, the right to freedom from discrimination on the basis of gender and the right to health, among other rights. A human rights perspective affirms that the rights of women and girls to integrity, freedom from discrimination and to the highest standard of health are universal. Cultural claims cannot be invoked to justify their violation.Some cultural practices can be human rights claims: For example, the identity rights of indigenous peoples (ILO Convention 169) or the right of a child belonging to a minority to enjoy his or her own culture, religion or language.Best practices:The Right to Health in Peru – When maternal mortality levels among Andean communities continued to show triple the national average, it was discovered that among the factors that contributed to this was the fact that Andean mothers were refusing to attend the maternity clinics, which they considered were not sensitive to their culture and traditions but were based upon modern medical practices. Consultations with Andean women helped UNICEF to assist the health providers to include the women’s preferences for herbal teas, birthing position and treatment of the placenta, acceptable colors in the birthing rooms, privacy from male medical staff and other aspects that were in accordance with the Andean culture. As a result of this intervention, a reduction in the maternal and infant mortality was notedAs part of its national strategy to address the needs of the poorest, underserved communities, UNFPA's Ecuador country programme has financed an innovative project in Otavalo to improve the quality and scope of reproductive health care provided to Quechua-speaking communities, in particular. This support allowed the Jambi Huasi health clinic, which was established in 1994, to expand and upgrade its services, initiate an outreach programme, provide reproductive health education and information to women, men and adolescents and introduce a referral system for obstetric complications. Jambi Huasi provides both modern and traditional medical treatment, as well as family planning advice and services. The traditional healers draw from a “pharmacy” of over 3,600 native plants used for medicinal purposes. The unique combination of services has made Jambi Huasi a very popular clinic. Although it was initially set up to serve some 4,000 people a year, by 2005 over 1,000 people per month were using the clinic's services, some coming from as far away as 50 kilometers.While trying to combine the two systems of obstetric attention, Jambi Huasi searches on the one hand to respect confidence which indigenous women have in the traditional birth attendants due to the role which they play in the community and on the other hand offer an institutional service technically capable to resolve complication and a system of reference in case of obstetrical emergency.From the beginning the focus of UNFPA’s work was respectful of the cosmovision, recognizing that one can not approach the indigenous population in the same way as a population ‘mestizo’. The support of UNFPA aimed at strengthening the capacity to develop and lead an intercultural proposal for health.As Quechua communities learn more about reproductive health issues and how to take better care of their children and newborns, the contraceptive prevalence rate has risen from 10 to 40 per cent in areas served by Jambi Huasi. Jambi Huasi changed the perspective of health towards a combination of traditional and occidental medicine. At the moment, mestizo and indigenous populations are using the services of Jambi Huasi. Jambi Huasi is moving from a “pilot” project to public policies, influencing the Ministry of Health for an inclusion of cultural perspectives in their work.

42 Rôle du renforcement des capacitésCapacity: ability of individuals, organizations and societies to performs functions, solve problems, and set and achieve individual goals.Capacity development: sustainable creation, use and retention of capacity.Rights holders capacities: (i) to understand their rights, (ii) to formulate demands on the state to honor these rights and third, (iii) to seek redress if their rights are violated.By developing the capacities of rights holders we are empowering them to claim their rightsDuty bearers: the capacity of the State at all levels (all branches of the State and all sectors of government, at the national, provincial, municipal level) to meet its obligations to resepct, protect and fulfil.The obligation/duty to Respect: requires the duty bearer to refrain from interfering directly or indirectly with the enjoyment of the right.The obligation to Protect: requires the duty-bearer to take measures that prevent third parties from interfering with the enjoyment of the rightThe obligation to Fulfil (facilitate): requires duty-bearers to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures towards the full realization of the rightThe obligation to Fulfil (provide): requires duty-bearers to directly provide assistance or services for the realization of the right.By developing the capacity of the State to respect, protect and fulfil, the State institutions and government officials become more accountable.Political will (commitment) and capacity

43 Les détenteurs de droits et les personnes en chargeChaque individu, homme, femme ou enfant, de toute race et de n’importe quel groupe ethnique et de n’importe quelle condition socialeDans une certaine mesure, les groupesLes personnes en charge: beaucoup moins en nombrePrincipalement les EtatsDans certains cas, les individus ont des obligations spécifiquesLes individus et les entités privées ont des responsabilités génériques envers la communauté pour respecter les droits des autresDuty-bearersHuman rights obligations can also attach to private individuals, international organizations and other non-State actors. Parents, for example, have explicit obligations under the Convention on the Rights of the Child and States are obliged to cooperate with each other to eliminate obstacles to development. Moreover, individuals have general responsibilities towards the community at large and, at a minimum, must respect the human rights of others.However, the State remains the primary duty-bearer under international law, and cannot abrogate its duty to set in place and enforce an appropriate regulatory environment for private sector activities and responsibilities. National legislation and policies must detail how the State’s human rights obligations will be discharged at national, provincial and local levels, and the extent to which individuals, companies, local government units, NGOs or other organs of society will directly shoulder responsibility for implementation.Rights-holdersProgrammes Contribute to develop the capacity of Rights-Holders to claim their rights. Every individual is a rights-holder and entitled to the same rights without distinction. To some extent groups are also entitled to human rights. The HRBA requires that special attention be paid to supporting members of groups subjected to discrimination, or suffering from disadvantage or exclusion, to claim their rights.

45 Pratique de la ABDH Instructions pour le travail en groupesSession 4The following slides serve to unpack the meaning and practical implications of human rights principles in strengthening National Human Rights Protection Systems (NHRPS) through rights based programming.If the resource person decides to run the role play, these slides can be used as a check list for the role play debriefingIrrespective of doing the role play or not, these can be always used to facilitate a plenary or group discussionAction 2 Apprendre ensemble les droits de’homme

46 Principes de l’universalité & de l’inaliénabilitéLe principe d’universalité des droits de l’homme exige:qu’aucune personne n’est éliminée ou exclue des droits de l’hommeImplications pour les systèmes nationaux de protection des droits de l’hommeLes politiques et programmes publics devraient avoir:Des données segmentées pour identifier les cas difficiles d’exclusion et de marginalisationStratégies spécifiques en réponse à ces casPar exemple, les campagnes de vaccination contre la polioQuestion: Is the principle of Universality similar to the principles of equality and non-discrimination?Answer: The principle of universality and inalienability is in essence concerned that no one is left out or excluded from HR; while the principle of equality and non-discrimination is in essence concerned with undoing the specific patterns of discrimination that have been identified by the HR treaties, in order to achieve equality for groups that are currently subjected to discrimination.Universality and inalienability: Human rights are universal and inalienable. Every man, woman or child everywhere in the world are entitled to them. The human person in whom they inhere cannot voluntarily give them up. Nor can others take them away from him or her. As stated in Article 1 of the UDHR, “All human beings are born free and equal in dignity and rights.”Application of these principles: The question to ask is whether all the people of a specific country are able to enjoy all their human rights? For example, are women and men able to enjoy their human rights on an equal basis? Are children, adolescents, minorities and other groups within the population able to enjoy their rights? By all their human rights we are referring to those rights that have been recognized in the international human rights treaties, including the Universal Declaration of Human Rights.“While every human being is entitled to his or her human rights, there are groups of people who are most likely to be overlooked or marginalized, and whose rights are most in danger of being violated or remaining unfulfilled. The HRBA requires that we keep this potential negative outcome in mind. We need therefore to ensure that duty bearers attend – not just to majorities of people – but also to the most marginalized and excluded people. And the UN’s own programming must similarly ensure this outreach and inclusion. Among the groups most in danger of being left outside of human rights protection are those suffering from multiple forms of disadvantage, such as the poorest of the poor, or rural ethic minorities.

47 Principes de l’indivisibilité & de l’interconnexionLes principes de l’indivisibilité et de l’interconnexion des droits de l’homme nécessitent:La reconnaissance et la protection des droitsImplications pour les systèmes nationaux de protectionCadres juridiques :Ne devraient pas privilégier la protection de certains droits au détriment d’autresLes politiques publiques devraient:Se baser sur une analyse holistique des problèmes de développement et fournir des réponses intégrales et multi-sectoriellesInstitutions étatiques:Assurer la coordination interinstitutionnelle et multisectorielleInclure les institutions chargées de la protection, du suivi et de la redevabilitéIndivisibility: Human rights are indivisible. Whether of a civil, cultural, economic, political or social nature, they are all inherent to the dignity of every human person. Consequently, they all have equal status as rights, and cannot be ranked, a priori, in a hierarchical order.Application of this principle: In applying this principle, the question to ask is whether in the specific country some rights are regarded as more important than others to the detriment of the enjoyment of some human rights? For example, are civil and political rights equally respected and protected, as well as economic, social and cultural rights? Are other treaty rights – such as rights to equality under CEDAW and CERD – given the same priority as the rights guaranteed by the ICCPR and ICESCR?Inter-dependence and Inter-relatedness: The realization of one right often depends, wholly or in part, upon the realization of others. For instance, realization of the right to health may depend, in certain circumstances, on realization of the rights to education, information, food, participation etc.Application of this principle: development issues are not addressed in isolation, rather, by recognizing the interdependence of human rights, the analysis of any situation and the strategic response becomes more holistic and comprehensive.

48 Principes de l’égalité & de la non discriminationL’égalité et la non discrimination obligent les Etats à:éradiquer la discrimination juridique, institutionnelle, interpersonnelle et structurelleImplications pour les systèmes nationaux de protection:Les cadres juridiques devraient :Se soustraire à la législation discriminatoireConduire vers la jouissance des droits humains par tousLes institutions publiques devraient assurer :La représentation des groupes marginalisés ou exclus dans l’administration publique et dans les organes de prise de décisionL’accès aux services publics et la prise en compte de l’aspect genre, de l’âge et des différences culturellesDes mécanismes juridiques et administratifs de recoursLes politiques publiques devraient :Contester les modèles d’appropriation et de concentration des ressources qui mènent vers la discrimination et l’exclusion structurellesPrendre des mesures affirmatives pour réduire les disparités sociales et économiquesPromouvoir l’éducation et la sensibilisation du publicEquality and Non-discrimination: All individuals are equal as human beings and by virtue of the inherent dignity of each human person. All human beings are entitled to their human rights without discrimination of any kind, such as race, colour, sex, age, language, religion, political or other opinion, national or social origin, disability, property, birth or other status as established by the human rights treaties and further interpreted by the human rights treaty bodies. For this reason, the advancement of the rights of both men and women on the basis of equality is an absolute requirement of international human rights law.Application of these principles: The question to ask is which are the sectors of society excluded or not enjoying equal status and thus deprived of exercising their human rights? Are there laws in the country that are discriminatory? Are there institutional, administrative or regulatory practices that are discriminatory against a particular group of the population? Is there a prevailing culture of “de facto” discrimination in the society? Are there national standards for positive discrimination or affirmative action recognized and applied?. It is important to keep in mind that the human rights treaties have identified particular discriminated and disadvantaged groups for focused attention: women (CEDAW), children (CRC), racial and ethnic minorities (CERD), and migrant workers (CMW).Structural discrimination: derives from historic processes of exclusion from access to the economic, political and institutional resources needed to live on an equal footing with the rest of the population

49 Principe de participationLe principe de participation des droits de l’homme exige:une participation libre, active, significative et inclusiveImplications pour les systèmes nationaux de protectionLes politiques, les processus et les procédures devraient fournir:Des opportunités de participation à la planification et au développementL’accès à l’information pertinenteLes capacités aux groupes marginalisés pour qu’ils formulent des propositionsLes mécanismes institutionnels devraient :Se baser sur les principes démocratiquesNe pas affaiblir les structures démocratiques ou traditionnelles existantesLa société civile devrait:Être active, indépendante et avoir des capacitésReprésenter la voix des groupes exclus et marginalisésAvoir un contrôle sur les processus de prise de décisionParticipation and Inclusion: Every person and all peoples are entitled to active, free and meaningful participation in, contribution to, and enjoyment of civil, economic, social, cultural and political development in which human rights and fundamental freedoms can be realizedApplication of this principle: The question to ask is whether marginalized and excluded people are able to participate freely in their own development and whether there are opportunities for participation? Do marginalized groups have access to information and the capacities to participate meaningfully And make specific proposals? are there spaces for public participation in the decision-making process? Are there parallel mechanisms disempowering the participation? Is there an active and independent civil society in the country that has the capacity to participate in such processes? Are civil society organizations representing the voice of the most marginalized and excluded? In the context of development cooperation it is necessary to ask whether the beneficiary target group is involved in the development and implementation, monitoring and evaluation of the programmes?The Meaning of Participation is EmpowermentA HRBA entails the free, active and meaningful involvement and participation of individuals and social groups in the development process. The meaning of participation here is in the sense of “empowerment” of individuals and groups, which implies significant control over decision-making processes, rather than mere consultation or information sharing. Accordingly, in the context of development programming broad participation involving for example, children, women, minorities, rural communities and civil society organizations during the assessment and in the gathering of information can lead not only to valuable findings but to increased understanding by all members of society of what their roles are in claiming and fulfilling human rights. Furthermore, when there are spaces for people to examine problems together and agree on the causes, they are more likely to support the implementation of actions to resolve them.The role of managing effective participationManaging effective participation takes time and patience. Whether it takes place at the local project level or the national policy level, it is important to stress that the principal mechanism for participation should, as far as possible, be existing democratic structures. In some circumstances, establishing alternative framework for participation can undermine fledging democratic structures, create unwelcome parallel systems and, in the longer term, prove unsustainable. Nevertheless, in many cases, innovative arrangements may well be needed to facilitate the participation of marginalized groups.[1][1] Human Rights, Health and Poverty Reduction Strategies, WHO publication, 2005 at p. 29.

50 Principe de redevabilitéLe principe de redevabilité exige:que les Etats et autres personnes en charge soient responsables du respect des droits de l’hommeImplications pour les systèmes de protection des droits de l’hommeLes institutions étatiques devraient:Disposer de ressources suffisantes, de responsabilités et d’autorité indépendante pour superviser de manière efficace le gouvernementPar exemple: des organes parlementaires indépendants pour les droits de l’homme, institutions nationales pour les droits de l’homme, juges, cours et avocatsL’Etat coopère avec les systèmes internationaux des droits de l’homme:En se conformant, dans les délais, aux obligations internationales de rendre compteEn sollicitant les procédures spéciales et en fournissant les informationsEn mettant en application les recommandations des TB et SPAccountability and Rule of Law: States and other duty-bearers are answerable for the observance of human rights. In this regard, they have to comply with the legal norms and standards enshrined in human rights instruments. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a competent court or other adjudicator in accordance with the rules and procedures provided by law.Application of these principles: By voluntarily accepting the obligations of the international human rights instruments, and the corresponding domestic laws, the State and all its actors have a duty to respect, protect and fulfil human rights. Therefore, the question to ask is whether the relevant authorities at the State, local and community level comply with their duties? If not, what are the main obstacles? Are there mechanisms in place for those deprived of their rights and entitlements to seek appropriate redress? Is the Rule of Law respected and enforced in the country? Do the Civil Society Organizations have the capacity to mobilize the society in monitoring and evaluating the performance of institutions and public policies?

51 Principe de redevabilitéLe principe de redevabilité exige:des mécanismes et des procédures de recours accessibles, efficaces et indépendantesImplications pour les systèmes de protection des droits de l’hommeLes cadres juridiques devraient :Être en conformité avec les normes des droits de l’hommeEtablir des conditions, des procédures et des mécanismes pour les droits de l’homme pour répondre aux obligationsLes politiques publiques devraient:Prendre des mesures progressives pour traiter les points faibles des systèmes de redevabilitéAppliquer les obligations de l’Etat en matière des droits de l’homme à un niveau central, régional et localThe Role of Constitutional Court or Similar InstitutionThe existence or establishment of an independent institution, charged with the surveillance of laws adopted by the Parliament and to rule on their constitutionality and/or their conformity with international human rights norms and standards, is important in the context of an effective NHRPS. Ideally, such courts or institutions automatically review all adopted legislation. However, in many cases they review laws which have been challenged - either by the Government, the Parliament, or in some cases by a judge or members of the civil society. Prerogatives of a Constitutional Court can be mandated to the Supreme Court.Constitutional & Legal Frameworks Should:Be in conformity with international human rights norms, standards and principlesEstablish frameworks for policies for human rights protectionAllow effective remedies for violations and abusesPromote participation, decision-making processes and cooperation with international and regional protection system

53 La dimension genre et âge dans les situations de crise et d’urgenceLes crises et les urgences peuvent avoir des impacts très différents sur les hommes, les femmes et les enfants.Les femmes et les enfants constituent presque toujours la majorité des populations déplacées et des réfugiés.Key message:Crises and emergencies have very different impacts on men, women and children. It is important to take into account age and gender dimension for preparedness and response.Summary of key content on the issue of gender and age dimension:The disruption of food supplies, the destruction of crops and agricultural infrastructures, the disintegration of families and communities, the displacement of populations and the destruction of educational and health services and of water and sanitation systems, all take a heavy toll on children [and women]. Report of Graça MachelCrises and emergencies can have very different impacts on men, women and children. Women and children almost always make up a large majority of displaced and refugee populations. In such situations, women’s roles and workloads may be abruptly changed and their rights may be threatened due to violence and lack of security. Due to their vulnerability, impact of conflict on children is substantial. Careful consideration of gender and age aspects of the crisis and of the humanitarian response can mitigate these differential and negative effects. Humanitarian assistance and transition support can also provide an opportunity in promoting positive changes in gender roles.Rape is often a feature of armed conflict, and is sometimes employed systematically to humiliate dominate or disrupt social ties among the “enemy.” Less attention has been given to the women and girls, who during flight and in refugee settings may be forced to offer sex in exchange for food, shelter or protection. Domestic violence also rises significantly among displaced populations. The impact of violence, especially rape, can be devastating. Many survivors will not report rapes and others may feel powerless to do so. (extracted from Policy for UNFPA emergency preparedness, 2006)It is important to ensure participation of women and children in truth and reconciliation processes. A look at the participation of women and children in transitional justice systems reveals that whereas women and children have been victims and have suffered the impact of violence, human rights abuses and conflict, their participation has not been significant. Resolution 1325 calls for increased representation of women at all decision making levels in conflict prevention, management and resolution and increased attention to the specific protection needs of women in conflict, including refugees. Resolution 1325 is the first resolution ever passed by the Security Council that specifically addresses the impact of war on women, and women's contributions to conflict resolution and sustainable peace.Resolution 1612 establishes a monitoring and reporting mechanism on the use of child soldiers, reaffirmed its intention to consider imposing, through country-specific resolutions, targeted and graduated measures, such as a ban on the export and supply of small arms and light weapons and called upon all parties concerned to ensure that the protection, rights and well-being of children affected by armed conflict are specifically integrated into all peace processes, peace agreements and post-conflict recovery and reconstruction programmes.Answer: Examples: Women are uniquely vulnerable to vitamin and iron deficiencies – particularly anaemia, which can be fatal for pregnant women and their babies; Women suffer a range of reproductive health problems, from not having sanitary supplies for menstruation to life-threatening complications related to pregnancy; gender-based and sexual violence; traumatic fistula; Women are primarily responsible for caring for those made vulnerable by war- children, the sick and the elderly. Children are vulnerable to sexual abuse and exploitation, post-traumatic stress syndrome, loss of parents, recruitment and use by regular and irregular armies, trafficking, land mines, malnutrition and disease.For more information on children:

54 Lier droits et résultats: Une approche pas à pasSessions 5, 6, 7, 8Tips for PresenterThis part of the training is designed to take place on the second day of the workshop. It might be useful to start the presentation from where you ended the previous day i.e. slide 43It will be useful to display on a board or flipchart key information from the previous day on HRBA in order to refer back to its various elements and how they can be used in all stages of the programming process. The displayed information should be the following:Statement of Common UnderstandingAdded value in UN programming of the outputs of treaty bodies and special proceduresThis block of slides is supposed to explain the rational and flow of linking rights with results, and how to apply the HRBA to all phases of the programming cycle including the gathering of information, assessment and analysis, setting the objectives, strategies and partnerships, programme implementation, and monitoring and evaluation. Understanding this section is essential for applying the HRBA to the CCA & UNDAF. To fully appreciate the content of this section, reading Chapter 3 beforehand is recommended.Separate and more specific group instructions will be given for every step of the group work (as indicated in session flow document)Action 2 Apprendre ensembleles droits de l’homme

56 Collecte d’informationsQuand commencer l’application de l’ABDHCollecte d’informationsSur les indicateurs, les politiques et les plans àpartir d’enquêtes, de recherches et de rapportsEvaluation et analyseSélectiondes domaines de coopérationWhen to begin applying the HRBA to the country programme?Given that the HRBA should be applied in all phases of the programming process, the point of departure for the preparation of the CCA begins from the early stage, with the gathering of information for the assessment and analysis.It is important to apply the human rights principles and standards in the assessment and analysis phases because they affect the way in which interventions are designed and implemented. For example, while low and uneven school enrolment will prompt the co-operating partners to invest in an education programme, the principle of non-discrimination will help to focus on the extent and reasons for gender and geographic disparities in enrolment, and on how to reduce them.The CCA and UNDAF Guidelines recognize that high quality analyses of national development challenges do already exist in many countries. Where those analyses already exist, the UNCT should decide if they are sufficient. One of the fundamental minimum requirements is that existing national analyses incorporate a HRBA, by uncovering the underlying and root causes of major development challenges and unfulfilled rights. Moreover, the analyses in these reports should point out groups who are marginalized or excluded including inequalities based on gender, and those authorities and other actors that have some responsibility or duty to act.

57 Collecte des informationsQuelle information:Contexte civil, culturel, économique, politique et socialSegmentée selon les bases normatives de non discrimination,per exemple, le sexe, l’âge, l’ethnie, rural ou urbain, etc.Sources d’information:Reposer sur les informations, évaluations et analyses nationalesVariété de sources y compris les informations provenant des mécanismes nationaux, régionaux et internationaux sur les droits humainsProcessus d’Information et d’analyse:Patricipatif, inclusif , redevable et sensible aux culturesTip for PresenterThe content of this slide could be addressed while explaining the inverted pyramid, thus avoiding to show this one1. Gathering the Right InformationIn order to conduct a good assessment and analysis, the quality and reliability of the information it is based upon is crucial. The purpose is to have all the information which is needed to identify the main development challenges in a country (assessment) and to be able to analyze in more depth the immediate, underlying and root causes of these development challenges.What type of information is required?civil, cultural, economic, political and social context that will lead to the identification of the main development and human rights challenges in the country, their severity, the most affected and where they exist.main trends and patterns over the last yearsmechanisms and actions taken to address them and their effectiveness.Quantitative and qualitative data.Data as disaggregated as possible by sex, age, geographic area, racial, ethnicity, etc.What are the main sources of information?Government reports and official statisticsTreaty bodies and Special Procedures, regional and national human rights mechanisms, including national Human Rights institutionsNational NGO and INGO reportsUN Economic Commissions and financial institutions (WB, IMF)UN and UN agency reports, including reports from peace missionsReports from other States (US State Department, EU, etc.)Academic research and national and international mediaDirect information from victims of human rights abusesOther reliable sourcesParticular attention should be paid to obtaining disaggregated data and to any existing research based on poverty hearings, poverty assessments, poverty diagnostics, unpublished reports by the Ombudsperson, reflecting the situation and views of disadvantaged and marginalized population groups, including women and children, displaced persons, minorities and indigenous peoples. There may be situations in which a very small minority is being excluded from most studies and reports because they are not regarded as important for policy-makers even though their human rights are being grossly violated.

58 Evaluation Objectif de l’évaluation:Identifier les principaux défis en matière des droits de l’homme et du développementQue se passe t-il? à qui? et où ?par exemple 2/3 des filles indigènes rurales abandonnent l’école primaire après la deuxième annéeCaractéristiques d’un défi au développement:Devrait être identifié comme étant une question relative aux droits de l’hommeLa formulation devrait être orientée vers les gensLes mécanismes internationaux des droits de l’homme fournissent une lecture des défis au développement à partir d’une perspective des droits de humains2. Getting the Assessment RightAn assessment of the overall country situation from a HRBA is essential for determining whether and where a development challenge exists, its intensity and who is affected. The Millennium Declaration, the MDGs, and the commitments, goals and targets of international conferences, summits, conventions and human rights instruments of the UN system are the benchmarks against which it can be determined whether and where major challenges exist in a country and their severity.Attention should be paid to identifying the most disadvantaged and excluded groups. For example, if illiteracy indicators show that the rate is moderately high at the national level, but highest among indigenous women living in remote areas then, illiteracy of indigenous women in remote areas would be a priority issue to address more in-depth in the analysis.In conducting the assessment, asking the following questions can be helpful:Which development challenges exist?Who are most affected by them?Where are they occurring?How widespread are they?What actions have been taken to address them?What progress has been achieved and what obstacles remain?Step One: Selecting the Development Challenge/ Human Right UnfulfilledThe quality of the assessment will determine which development challenges are the priority areas that must be analyzed more in-depth. Consensus should be reached among all UN partners (through a broad consultation) on these priority challenges.From a HRBA It is important to:recognize each development challenge as a human right or as several human rights that are unfulfilled or violated. This first step helps to identify the human rights standards and the relevant human rights treaties that will help to guide and shape the analysis;formulate the development challenge so it is people focused. The question is – Who is being affected?distinguish the development challenge from one of its possible causes. The central issue is how people’s lives are affected and must be distinguished from the institutional capacities, economic and political trends or legal safeguards, which may be important causes of the problem.Likewise, defining the development challenge as a “lack of something” may prompt overly simplistic solutions and prevent analysis of additional factors affecting the lives and wellbeing of people. If for example, “lack of access to maternal health services” is chosen as the development challenge (instead of high maternal mortality), other contributing factors such as “ineffective family planning policies” might not be considered in the analysis.Identifient les normes des droits de l’homme (revendications et devoirs) applicable

59 Analyse: Analyse causale (I)Analyse des causes immédiates, sous-jacentes et structurelles des défis au développement identifiésOutils:Analyse de l’arbre des problèmes détecte les causes profondes des problèmes en matière de droits de l’ homme (verticalement) et l’interconnexion des droits (horizontalement et verticalement).Outils optionnnels supplémentaires pour l’analyse profonde des aspects légaux, politiques, institutionnels et budgétairesThis step analyzes the immediate, underlying and structural or root causes of the development challenges previously identified. A causality analysis highlights the inter-related factors affecting the development challenge. This analysis helps to understand the levels of causality and the linkages between various causes.As a general rule:Immediate causes determine the current status of the problem.Underlying causes are often the consequence of policies, laws and availability of resources. They may reveal related complex issues and require interventions that take significant time in obtaining results (at least 5 years).Root/structural causes reveal conditions that require long-term interventions in order to change societal attitudes and behavior at different levels, including those at the family, community and higher decision-making level.Some UNCTs may decide to use additional tools to carry out a more thorough causal analysis with a view to detecting gaps in institutions, legal and policy frameworks and enabling environments. A HRBA includes understanding how laws, social norms, traditional practices and institutional responses positively or negatively affect the enjoyment of human rights. As was pointed out in the Human Development Report 2000, “every country needs to strengthen its social arrangements for securing human freedoms – with norms, institutions, legal frameworks and an enabling environment.”[1][1] Human Development Report 2000, published by UNDP, at p. 21.L’arbre des problèmes n’a pas été conçu en tant qu’outil de HRBA mais peut aider à identifier les principaux modèles de discrimination, d’exclusion et autres causes profondes des problèmes

60 Arbre des problèmes EffetsL’arbre des problèmes est un outil pour obtenir le consensus et la participation permettant de convenir avec les détenteurs de droits et les personnes en charge des principaux défis au développement et des causes profondesAs a general rule:Immediate causes determine the current status of the problem.Underlying causes are often the consequence of policies, laws and availability of resources. They may reveal related complex issues and require interventions that take significant time in obtaining results (at least 5 years).Root/structural causes reveal conditions that require long-term interventions in order to change societal attitudes and behavior at different levels, including those at the family, community and higher decision-making level.Key Question in the Causality Analysis: Why?Once identified the development challenge, the key question in the causality analysis is why it is happening to a particular sector of the population? For example, why are the girls in rural areas being denied their right to education?Added value of HRBA in Causal analysis:It is important to consider the country context and have in-depth knowledge of its norms, institutions, legal frameworks and enabling environment.Human rights standards reinforce situation analysis at three levels:- being a reference for identifying development challenges and gaps between international obligations and the real practice.- The standards attributes are a roadmap for the analysis of immediate, underlying and root causes of a development challenge- Defines the actual entitlements and claims of rights holders and the extent of the duty-bearers’ obligations.Applying Human Rights Principles in the Causality Analysis The use of the principles is an effective way to structure the analysis and articulate the causes.Analytical process: Ensure the participation of national stakeholders including the most marginalized and excluded. Provide stakeholders with the necessary information on the CCA process and content of the exercise including information from international human rights mechanisms so that they can take informed decisions. If needed, strengthen some capacities to motivate meaningful participation including possible incentives to those without resources to participate. Seek the consensus of all stakeholders in the development challenges and root causes being identified. Share with all stakeholders the findings of the analysis.Causes

61 Problème 2: Education des fillesProblème 1: VIH/SIDAProblème 2: Education des fillesCauses immédiatesCauses sous-jacentesCauses profondesZone centrale du problèmeDiscrimination entre les sexesThis slide shows that commonalities among underlying and root causes represent core problems. In this example, a causal analysis of HIV/AIDS suggests that gender discrimination is a fundamental issue. An analysis of girl’s not attending school also finds gender discrimination as an issue. This suggests to the UNCT that gender discrimination is an issue affecting the realization of several MDGs and the associated rights.81

63 Instructions aux groupes: Analyse causale/ arbre des problèmesChaque groupe choisit un OMDIl identifie un défi au développement ou une manifestation de problème,Le groupe discute et identifie les causes immédiates, sous-jacentes et profondesIl construit un arbre des problèmesEt choisit une chaîne de l’arbre des problème puis identifie les droits qui ne sont pas réalisésGroup instruction. Groups will need cards, markers, masking tape, wall space, a white board or flipchart.Each group will select one MDG to work on, and if possible identify a specific status indictor relevant to that MDG (e.g. primary school drop out rates for girls).Constructing a problem tree for those unfamiliar with the pre=actice will be most easily done by initial brainstorming and noting the results on cards. E.g. if the question is “Why do girls leave school?”, group members may note any possible cause without respect to whether it is immediate, underlying or basic. Once a reasonable number of causes have been identified, the causes may be structured in the logical chain.The alterative is to try to build from the top down, but this will be less participatoiry and creative.Selecting one chain means one vertical causal relationship out of the various possible vertical relationships.Chaque groupe doit nommer un champion genre et un champion conflit

64 Analyse: Analyse du modèle des rôles (II)Détenteurs de droitsQui sont-ils?Quelles sont leurs revendications ?Personnes en chargeQuels sont leurs devoirs?Vérifier ce que mentionnent les normes des droits de l’homme à propos de leurs revendications et de leurs devoirsRole PatternWhose rights are being affected? Who is responsible for the rights not being respected, protected or fulfilled? Who are the rights-holders and do they have the capacity to claim their rights including the ability to access information, organize and participate, advocate claims and policy change, as well as obtain redress? What, specifically, is owed to the rights holders? What mechanisms of delivery, accountability, and redress exist, and what mechanisms should be established? Who are duty-bearers and what obligations are they supposed to meet? Who are the specific actors or institutions responsible for performance and do they have the capacity to meet obligations (including responsibility, authority, data, and resources)? Are these duty-bearers also rights-holders? In other words, do they rely on others performing their duties in order to be able to, in turn, deliver what they owe? Do the others have the capacity to perform their duties? What is the relationship between the rights-holders and duty-bearers in regard to the development issue being examined and at what level are interventions for capacity building most effective (community, regional, national)?Call Boxes: the identification of roles should not be an arbitrary exercise. It should be guided by the claims and duties established in international human rights standards as well as by the more specific roles and standards defined in national laws, procedures and policies.Vérifier aussi le rôle attendu des détenteurs de droits & des personnes en charge dans les lois, les procédures et les politiques

65 Analysis: Analyse de l’écart de compétence (III)Ecart de compétence:ConnaissanceResponsabilité / motivation / leadershipAutoritéAccès au contrôle des ressourcesEcarts dans le système national de protection des droits de l’hommeLe développement des capacités n’est pas seulement un processus technocratique. Il implique également des changements politique, sociétal, légal et institutionnelCapacity Gap AnalysisWhat capacities are lacking for the rights-holders to claim their rights?What capacities are lacking for these institutions or individuals to carry out their duties as duty-bearers?Capacity Analysis Affected by Legal, Policy and Institutional FrameworksUnder a HRBA, the following components are integral to capacity development:Responsibility/motivation/commitment/leadership - This refers to the characteristics that duty-bearers should recognize about their roles in order to carry out their obligations. Information, education and communication strategies help to promote a sense of responsibility for realizing human rights. Ensuring pluralistic and free media, a vibrant civil society, effective oversight mechanisms and access to remedies (judicial, administrative and political level) for violations are equally vital.Authority - This refers to the legitimacy of an action, when individuals or groups feel or know that they can take action. Laws, formal and informal norms and rules, tradition and culture largely determine what is or is not permissible. Accordingly, national laws and policies must be harmonized with international human rights treaty commitments and identify specific duties.Access to and control over resources - Knowledge that something should and may be done is often not enough. Moreover, the poorest are seldom able to claim their rights as individuals, but need to be able to organize. “Capacity” must therefore also include the human resources (skills, knowledge, time, commitment, etc.), economic resources and organizational resources influencing whether a rights-holder or duty-bearer can take action.Les organes de traité et les procédures spéciales peuvent identifier les écarts de capacité

67 Sélection des domaines de coopération -Analyse stratégiqueL’ABDH promeut le passage de la prestation de service vers le développement des capacitéAnalyse des avantages comparatifs offerts par les NU en matière de:►Prestation directe de service►Plaidoyer et mobilisation sociale► Information et sensibilisation ►Formation et éducation► Supervision et observation ►Conseil politique et juridiqueAnalyse du partenariat:La HRBA élargit le spectre des partenaires y compris ceux qui appartiennent aux systèmes nationaux de protection des droits de l’hommeSome rights-based criteria for selecting areas for intervention may include:Major gaps between human rights standards and practice;Issues of concern raised by Treaty Bodies or Special Procedures;National priorities aligned with human rights standards and MDGs;Persistence, severity and scope of a human rights violation (e.g. domestic violence, incarceration of juveniles with adults, human trafficking, women’s exclusion from political decision-making);Issues of concern raised by national human rights commissions or ombudsperson;Negative trends leading to human rights violations such as persistent growing patterns of social exclusion and discrimination of a minority group;“Disparities indicating unequal treatment and discrimination, and persistent exclusion from opportunities and participation.”Opportunities for advocacy, policy and programme cooperation by development partners;Opportunities for multiple impacts on development challenges and human rights;Opportunities to work with national human rights partners and advocates in the State and civil society.Strategic interventions to close the gaps of rights-holders and duty-bearers should be identified - Experience shows that all sorts of rights-based actions identified usually fall into the following generic types of interventions (Developed from a model by Urban Jonsson).Direct delivery of services-Advocacy and social mobilisation-Information and awareness-Training and education-Monitoring and observation-Policy and political adviceFor selecting interventions, it is important to take into account which UN strategies are most effective for achieving results and at what level. Traditionally some agencies have been more active at the immediate level, thereby dealing with the symptoms of a problem rather than with the underlying or root causes. While some UN agencies may focus on strengthening capacities at the community level, others will typically concentrate their work at the national and policy level in keeping with their mandates.In addition to these interventions, a HRBA ensures a holistic and system-wide approach to development challenges, whereby other longer term interventions, such as awareness raising and policy advice will be considered. Ultimately, the centrality of the relation between rights holders and duty bearers in a HRBA suggests an emerging political role for the UN as a bridge between claims and duties.Selecting partnersIn a HRBA which focuses on building the capacity of rights-holders that may be difficult to reach, for example, rural women, the choice of partners to achieve results is an important consideration. In setting objectives and strategies it should be kept in mind that a HRBA calls for taking a holistic view and seeking partnerships that support change that may only be achieved in the long-term.The level (immediate, underlying, structural) and choice of strategic interventions (policy, awareness, direct delivery, etc) will also determine the type and nature of partnerships to be built. For example, in a protection strategy it will be important to work with and strengthen the capacity of local NGOs and national human rights institutions doing human rights monitoring in the field. If the strategy focuses on providing policy advice, it will be important to involve academic institutions familiar with budget analysis and macroeconomic issues.In conclusion, the number and nature of partners is exponentially expanded in rights-based programming to include the less reachable rights-holders and a broader range of duty-bearers with obligations to respect, protect and fulfil those claims.

68 Planification des programmes axée sur les résultatsImpact: Réalisation des droits humains comme définis dans les instruments internationaux ↑Réalisation: meilleure performance des détenteurs de droits et des personnes en charge↑Extrants: Votre contribution tangible au développement de capacités des systèmes nationaux de protection des droits de l’homme, des détenteurs de de droits et des personnes en chargeProcessus: Guidé par les principes des droits de l’hommeLes ogranes de traité et les procédures spéciales peuvent identifier des actions spécifiques pour le développement des capacitésSetting Objectives: Using a HRBA and Results Based Programme PlanningResults can be achieved at the level of country programmes, programme components, and activities, and form a results chain. The scope of the expected results will vary according to the country setting and programme size. Results-based programme planning ensures that the sum of interventions is not only necessary, but also sufficient to achieve the expected result. The HRBA and the elements of Results Based Management (RBM) fit together to provide a logical framework for setting objectives and planning in order to achieve the results.

71 Suivi & Evaluation sur la base des principes des droits de l’hommesur la base des revendications et obligations dans les normes des droits humainsQue mesurer?Performance du programme (Impact, réalisations, extrant )Processus du programme : Participation, redevabilité et non discriminationContexte du programme :existence de lois, politiques et de mécanismes institutionnelsEfforts des personnes en charge pour répondre à leurs obligationsDisparités parmi les détenteurs de droits dans la jouissance des droitssur la base des principes des droits de l’hommeWhat to measure?A HRBA gives importance not only to the intended results of a programme, but also to the process in which the programme is implemented. Therefore, a HRBA and RBM call for monitoring: impact, outcomes, outputs and the implementation process. Even if the impact and outcome levels are part of a longer term strategy, the situation regarding these levels has to be monitored to make sure that the expected outputs are still relevant. Therefore, in a HRBA the situation monitoring is equally important as the programme performance monitoringHow to Measure?Defining Parameters - The first step towards establishing a M&E system is to define what are the parameters or measurable factors in each of the above four areas (impact, outcomes, outputs and process) that will be measured. When the expected result in each area (outcome, process, etc.) is defined in concrete terms (this is not always the case), the parameters to measure it will be few and simple.Example: If the objective is - Reduce gender disparities in school enrolment and drop-outs and increase the number of children who have a basic education, three immediate parameters based on human rights standards related to education are:(1) gender disparities in school enrolment;(2) completion of basic education; and,(3) quality of educationDans le cadre de la HRBA, le suivi du contexte est aussi important que le suivi de la performance du programme et du processus

72 Suivi & Evaluation Comment mesurer?Identifier les détenteurs de droits et les personnes en charge qui vont contribuer au processus S& E soit en tant que:-Pourvoyeurs d’information , par exemple les ministères de première ligne-Des interprètes indépendants pour l’information, par exemple des institutions nationales pour les droits de l’hommeLes réunir dans le cadre d’un processus participatifAssurer l’accès à l’information et aux données disponibles concernant le programmela HRBA réclame des mécanismes de participation et de redevabilité des programmesPutting a system in placeBring specific tools unique to this framework: monotoring the effort, effort which is geared the obligations of DBs and RHs. How these efforts are consolidated into outcomesSpecific indicators and information embodies in a specific formatHuman rights principles and standards should guide the selection of indicators. Both quantitative and qualitative indicators should be set to monitor the realization of human rights through development programmes. Indicator selection and monitoring should be participatory, allowing stakeholders to assess progress.Example: A water and sanitation project should ensure that the various elements of the right to water, including availability and quality of water, physical accessibility, affordability, information accessibility and non-discrimination, are monitored.[1] The socio-economic indicators reflected in the Millennium Development Goals can help to monitor the progressive realization of many economic and social rights.[1] See General Comment No. 15 of the Committee on Economic, Social and Cultural Rights,

74 La HRBA dans les cadres de programmation des NU: CHAP et CAPCHAP permet la synchronisation des programmes des NUCAP est un outil pour la coordination de la planification, de l’application et du suiviLes droits de l’homme et les principes humanitaires aident à garantir que les actions prioritaires se focalisent sur les gens les plus démunisKey message:There are mechanisms helping to coordinate humanitarian response and ensuring that human rights and humanitarian assistance principles are applied.Summary of key contentsEspecially in large or complex emergency situations, the preparation of a Common Humanitarian Action Plan is an opportunity to work with other partners, and allows for synchronization of UN programmes of assistance and for decisions on distribution of roles and responsibilities for a coherent and coordinated response. The CHAP has contributed significantly to developing a more strategic approach to the provision of humanitarian aid.The CHAP outlines humanitarian action in a country or region. It implies:- Analysis of the context in which the humanitarian crisis takes place;- Best, worst, and most likely scenarios;- Analysis of needs and a statement of priorities;- A stakeholder analysis i.e. who does what and where;- A link to longer-term objectives and goals;- A framework for monitoring the strategy and revising it if necessary.The CHAP is the foundation for developing a Consolidated Appeal.Consolidated Appeal Process (CAP)The Consolidated Appeals Process (CAP) is a tool used by multilateral and other aid organisations (United Nations organizations and international and national NGOs, among others) to respond to emergency in a joint way and present their plans and requirements to the international community and donors. They include a summary of situations, response plans, resource requirements, and monitoring strategies. The annual inter-agency The CAP builds on the CHAP and fosters close cooperation between government, donors, NGOs, and a range of other humanitarian organizations. It is the main tool for coordination, strategic planning and programme delivery in the humanitarian sector. The normal duration of the CAP is one year; an updated version may be issued in the subsequent year if the IASC Country Team determines that the humanitarian crisis persists. OCHA, participating UN Agencies, international organizations and NGOs issue the CAPs of all countries experiencing humanitarian crises at the annual CAP Launch, usually in November.The CAP helps to focus on the most urgent needs within different programme areas, including those prioritized in the UNDAF. Through the CAP, participating agencies agree on responsibilities to monitor a sector and programme implementation. Speaking with a common voice, agencies have been able to demand greater protection for people affected by complex emergencies, achieve better access to vulnerable populations and work more effectively with governments and other actors. Such coordination is especially important in hazardous environments, which require greater resources to ensure the security of humanitarian workers.Human rights principles and standards should be applied throughout beginning with the analysis and the assessment, which are continuous processes. Human rights principles can help to ensure that priority actions are focused upon those in greatest need of humanitarian assistance. The Needs Analysis Framework already provides a list of the issues that should be taken into consideration.Humanitarian Assistance Principles: Are participating agencies and any warring parties aware of, do they understand and do they comply with the humanitarian principles? Are cooperating agencies committed to the Six Core Principles for a Code of Conduct to protect recipients of emergency relief from Sexual Abuse and Exploitation? In the case of armed groups, whenever possible, are terms of engagement signed setting out their obligations under human rights and humanitarian law and humanitarian principles? Are there systems, or will the participating agencies set up systems to monitor the provision of humanitarian assistance and compliance with humanitarian principles?Gender Equality: Do girls and women receive priority attention, and does the response include protection from gender-based violence? Are women and girls consulted in the design of the emergency response? Are differences in access to and control over resources, roles and responsibilities, coping capacity, and approaches to building peace by men and women systematically considered in proposed interventions? Have gender analyses or capacities and vulnerability analyses been conducted?Refugees and Internally Displaced Persons: Are participating agencies aware of the Guiding Principles for Internal Displacement? Is the situation of IDPs and refugees included in the initial emergency assessment? Are their specific vulnerabilities described? Are strategies and programmes included to prevent or prepare for repeated or prolonged displacement?

78 Prochaines étapes : stratégies et planification des actionsSession 10Tip for PresenterOn this session there no content to be delivered with power point. Training team will facilitate an open discussion within UNCT on how to build on the knowledge and information acquired in the workshop to identify strategic entry points for adopting the HRBAAction 2 Apprendre ensembles les droits de l’homme